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HomeMy WebLinkAbout2006-001w I 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 RESOLUTION NO. 200-1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHI WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, E MOUNTAIN SHADOWS CABLE. WHEREAS, Adelphia Communications, Charter Communications, and Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl 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 provide cable television service in the City of San Bernardino be renewed; and WHEREAS, the Franchise rights granted under the respective Franchise Agreemen expired on December 31, 2003; and they were renewed by Resolution No. 2004-18 on Januar 20, 2004; by Resolution No. 2004-249 on August 2, 2004; by Resolution No. 2005-14 0 January 24, 2005; and by Resolution No. 2005-236 on July 18, 2005; 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 I 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, /// 2006-1 ~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O1 SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE 2 WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, ANl MOUNTAIN SHADOWS CABLE. 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMOP 5 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 6 SECTION 1. The Franchise rights granted to Adelphia Communications under th 7 Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte 8 Communications under the Franchise Agreement dated November 12, 1961 under the authorit 9 10 of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date 11 October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1 12 are hereby extended ninety (90) days from the date of this Resolution under the existing term ~ 3 and conditions, subject to the conditions below. 14 SECTION 2. Under the extension granted herein, the Cable Companies shall b ~ 5 obligated to perform and comply with all terms, conditions, requirements, and limitation 16 contained in their Franchise Agreements. 17 SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis 18 Agreements for up to and including an additional ninety (90) days. In no case shall th 19 Agreements be extended for more than one-hundred and eighty (180) days from the date of thi zo Resolution. 2l SECTION 4. This Resolution shall take effect upon its adoption. 22 23 24 /// 25 /// -2- ~. t 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2006-1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN] 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 ~ oint regular meeting thereof, held on the 9th day of January , 200.'6 by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS X DERRY x KELLEY .~ JOHNSON X MCCAMMACK The foregoing Resolution is hereby approved this ,(,~ X ~d. CY~~~ CIT CLERK Approved as to form and legal content: By: -1,~~~--~, ES F. PENMAN C ty Attorney day of January ,2005 J VALLES, Mayor San Bernardino -3-