HomeMy WebLinkAbout2005-014
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RESOLUTION NO. 2005-14
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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WHEREAS, Adelphia Communications, Charter Communications, and Mountai
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Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl
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television systems in the City of San Bernardino pursuant to Franchise Agreements granted b
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the City of San Bernardino.
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WHEREAS, the Cable Companies have requested that the Franchises they hold t
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provide cable television service in the City of San Bernardino be renewed; and
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WHEREAS, the Franchise rights granted under the respective Franchise Agreement
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expired on December 31,2003; and they were renewed by Resolution No. 2004-18 on Janu
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20, 2004; and they were again renewed by Resolution No. 2004-249 on August 2, 2004; and
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WHEREAS, the City and the Cable Companies are currently in the Franchise renewa
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process; and
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WHEREAS, an extension of an existing franchise while negotiating a new Franchise i
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not uncommon among California municipalities; and
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WHEREAS, the City is willing to grant an additional extension of the current Franchise
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for ninety days while it considers the renewal request, if the Cable Companies agree to abide b
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the terms and conditions of the existing Franchises during any such extension,
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2005-14
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II
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IS
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The Franchise rights granted to Adelphia Communications under th
Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte
Communications under the Franchise Agreement dated November 12, 1961 under the authorit
of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date
October 25,1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1
are hereby extended ninety (90) days from the date of this Resolution under the existing term
and conditions, subject to the conditions below.
SECTION 2. Under the extension granted herein, the Cable Companies shall b
obligated to perform and comply with all terms, conditions, requirements, and limitation
contained in their Franchise Agreements.
SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis
Agreements for up to and including an additional ninety (90) days. In no case shall th
Agreements be extended for more than one-hundred and eighty (180) days from the date ofthi
Resolution.
SECTION 4. This Resolution shall take effect upon its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
joint adjourned
Common Council of the City of San Bernardino at a regular meeting thereof
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COUNCIL MEMBERS: AYES
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ESTRADA X
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LONGVILLE
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MCGINNIS
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DERRY X
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KELLEY X
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12 JOHNSON X
13 MCCAMMACK X
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, 2005 by the following vote, to wit:
NAYS
ABSTAIN ABSENT
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CI ~ CLERK
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The foregoing Resolution is hereby approved thi
Januarv
,2005
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TH V ALLES, Mayor
of San Bernardino
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Approved as to form and
legal content:
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By: t1(}(1f!/~
JAMES PENMAN
City Attorney
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