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Home My WebLink About1983-410 RESOLUTION NO. 83-410 RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING TO G.T.E. SPRINT COMMUNICATIONS CORPORATION A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE COMMUNICATIONS CONDUIT WITHIN THE CITY OF SAN BERNARDINO, CONDITIONAL UPON FILING ACCEPTA~E, BUSINESS LICENSE APPLICATION AND COMMITMENT TO PAY SERVICE USERS TAXES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The right, privilege and franchise are hereby granted by the City of San Bernardino, hereinafter referred to as "City" to G.T.E. Sprint Communications Corporation, hereinafter referred to as "Grantee", for a period of twenty-five years after the granting of this franchise, to construct, maintain, inspect, operate, protect, repair, replace and retain in place a buried communications conduit and appurtenances thereto, including any facilities necessary for protection thereof, for communication purposes. No electric current will flow through this cable, nor will there be any pressure inside the conduit. The conduit shall be used for transmitting communications through such buried communications conduit, in, under, along and across public streets, highways and alleys of the City of San Bernardino. However, no distribution of communication services to residents within the City is authorized by this franchise, and the conduit authorized by this franchise shall not be used for distribution of communication signals to individual persons, businesses or organizations within the City of San Bernardino. In the event that Grantee at any future time desires to use the conduit authorized by this franchise for distribution of communication signals to residents, businesses or organizations within the City of San Bernardino, an amendment of this franchise shall be required before undertaking any such service. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ;,.;~/' -, ,.'''',:'.; ';;:0:;'; . --':..... I:,,~'<;';;:; SECTION 2. This franchise and privilege are granted and shall be held and enjoyed only upon the provisions and conditions prescribed by law and those contained in this resolution, and shall not be effective until Grantee has filed with the City Clerk of City a written acceptance of the terms and conditions of this resolution. SECTION 3. The Grantee shall, as and for the consideration for the granting of this franchise, pay to the City of San Bernardino, forthwith, and before the start of construction, the sum of $750.00, which shall be in lieu of any annual franchise fee inasmuch as no distribution of communication services will be made within the City pursuant to this franchise. In the event Grantee desires to use the buried communication conduit authorized by this franchise to distribute communication services within the City of San Bernardino, for residents of the City of San Bernardino, an annual franchise payment may be required. SECTION 4. Any communication conduit laid, located or maintained pursuant to this franchise shall be so placed and maintained as not to interfere with the use of any public streets, highways, alleys or bridges by the traveling public to any greater extent than is reasonably necessary, and in laying said conduit, the Grantee shall fill the trench and leave the surface of said street, highway or alley in as good condition as it was prior to excavating for said conduit, and shall comply with any and all federal, state and local laws, ordinances or regulations applicable thereto, including the requirement for obtaining street cutting permits. SECTION 5. City reserves the right to improve, widen, 2 . . . I 2 3 4 5 6 7 8 9 10 II ]2 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-';::,-'.,' '~~;~ '~^~'~':":~' :,..... j'. "'~"~.~~l,': -''.,' ",/.," vacate or relocate any highway, street, alley or other public places, or portion thereof, over and within which this franchise is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley or other public places or portion thereof, for the purpose of any public improvements. If notice is given by City to Grantee that work is to be done pursuant to the rights reserved herein, which notice shall specify the general nature of the work in the area in which the same is to be performed, Grantee shall at its expense, do all things reasonably necessary to protect, disconnect, relocate or remove its property during the progress of such work at the required time in order to accommodate such works. All such things to be done and work to be performed by Grantee shall be at the sole cost and expense of the Grantee. In the event that City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in, on, over or underlying any highway, street, alley or other public places in which the Grantee's property is located pursuant to this f~anchise, and in the event that the cost of such work as may reasonably be required is increased in order to provide for the installation, maintenance or operation of Grantee's property in, on, over or under the area covered by such project, then Grantee shall pay to City the full amount of such increase of cost, upon completion of such construction, installation or repair. Any damage done directly or indirectly to any public street, highway, alley or other public places or public improvement by the Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :" ~~<:.';;"~ ;;,. ,';C .;;:{.i;< ^.. :~'- ,..';,',~ '-"'.~ to the provisions of this franchise, shall be promptly repaired by Grantee at its sole cost and expense, to the reasonable satisfaction of City. SECTION 6. Grantee shall hold City, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims or damages by any person arising out of the acts or omissions of Grantee, its agents or employees in the performance of any work authorized hereunder. SECTION 7. If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof and shall not, within thirty days after written demand for compliance, begin the work of compliance, or, after such beginning, shall not prosecute the same with due diligence to completion, then the City, by its Mayor and Common Council may declar~ this franchise forfeited. SECTION 8. In the event that the use of Grantee's property pursuant to this franchise is discontinued or abandoned for any reason, the Grantee shall promptly, upon being given ten days notice, either quit claim such property in place to City or commence to diligently prosecute the timely removal from the streets or public places of all such franchise property and promptly restore the street or area from which such property has been removed to a condition satisfactory to the City Engineer and the Public Services Superintendent. SECTION 9. The provisions of this franchise and all rights, obligations and duties thereof shall inure to and be binding upon Grantee, its successors and assigns. Grantee shall not sell, 4 - -;7,": "~,,. - ..~r_ S ,;/","~ '. 1 transfer or assign this franchise or any of the rights or 2 privileges hereby granted without the prior consent of the Mayor 3 and Common Council of City, which consent will not be 4 unreasonably withheld, and if consent is given, shall promptly 5 file a copy of the duly executed sale or transfer document in 6 writing with the City Clerk. 7 SECTION 10. The Grantee throughout the duration of the 8 franchise shall keep on file with the City Clerk and maintain in 9 good standing a corporate surety bond in favor of City in form 10 satisfactory to City's City Attorney, guaranteeing full 11 performance of the conditions and undertakings of this franchise, 12 and conditioned that such Grantee shall well and truly observe, 13 fulfill and perform each term and condition of the franchise. 14 Said bond shall be filed by the Grantee with the City Clerk 15 within fifteen days after this franchise is awarded. The penal 16 sum of the bond shall be in the amount of $25,000, or more, at 17 the option of Grantee. 18 SECTION 11. This franchise is conditioned upon, and shall 19 take effect only upon the filing with the City Clerk of an 20 acceptance thereof by Grantee, upon the filing by Grantee of an 21 application for business license, and upon the filing of a 22 written document signed by an authorized officer for Grantee 23 committing Grantee irrevocably and assuring the City that, upon 24 obtaining a tariff for intra-state calls from the Public 25 Utilities Commission, Grantee shall commence paying the service 26 users tax on intra-state calls originating in the City of San 27 Bernardino, and agreeing to cooperate in the computation and 28 payment of past due and uncollected service users taxes from the 5 ~Y,)7C::-,,-'_.-,_~>--;_":;'; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ~!",--<: ,:--,.:~~-.-;/~'- , -~;,'::,--<;:, ~'c_r'-~'r__,."_ -,~~,.:,',"~,:,,::, ~~---- ,*"'::.>~ " ,',' -~-' 1 commencement of Grantee's operations in the City. Such 2 commitment shall be in form approved by the City Attorney. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a reqular meeting thereof, 6 held on the 5th day of December , 1983, by the 7 following vote, to wit: 8 AYES: Council Members Castaneda. Reillv. Hernandez, 9 Harks. Ouiel. Strickler NAYS: None ABSENT: Council Hember :Frazier ~:~~ The foregoing resolution is hereby t'fl., day of ino December Approved as to form: .. !l~ ~*~~., C~ty ttorney 6 . f ~:. (I rrf=t .~ ~ J!l ~ i\ .\ m ~ < ? " p " <> ~ z , 0' Sf /'0: ~'.: , 'P. / ':. .x .: :~ '. l>.' b ~ ~ " 'I '-51' 'LN. .. $UNW 'W I.... ~ ~ ::! ~ , "r:"CfNTE COli", . 1 /. . . ~ . . . . . I" ~ . . - . . . ~ '....; '" .,. .... ~ of' ~ ... ~ n m , t ! t J ~ ~ < i m ,. I " ~ ~e:.6,,1.. < <:'...........,."-10 E'N'AY FR..E . - "' '!:.oT. ,.. E p n .. ~ ~ p < ~ " " .. ~ c: ?l ~ EffEtE ~: ~ ~ ~~ ~~ <l It ~ .. ''--- f.R "'. 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AVt A.OS .. <; z ~ ~ '" CEi:n SPRINT GTE Sprint Communications Corporation Post Office Box 974 Burlingame, CA 94010 November 30, 1983 The Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Gentlemen: GTE SPRINT Communications Corporation, a corporation authorized to do business in the State of California, with offices at 849 Mitten Road, Suite 44, Burlingame, California 94010, in consideration of the granting by the City of San Bernardino of a franchise to construct, maintain, and operate a communications conduit within the City of San Bernardino, conditional on filing acceptance, business license application, and commitment to pay service user taxes, does hereby irrevocably commit itself to the City of San Bernardino as follows: (1) GTE SPRINT Communications Corporation has filed an application for business license, and agrees to pay business license taxes owed to the City of San Bernardino. (2) GTE SPRINT Communications Corporation irrevocably commits itself, and assures the City of San Bernardino that, upon said corporation's obtaining a tariff for intrastate calls from the Public utilities Commission of the State of California, said corporation shall commence paying the service users tax of the City of San Bernardino on intrastate calls originating in the City of San Bernardino, and further agrees to cooperate in the computation and payment of past due and uncol- lected service user taxes from the commencement of corporation's operations in the City of San Bernardino. A part of GTE Corporation The Mayor and Common Council November 30, 1983 Page 2 (3) GTE SPRINT Communications Corporation acknowledges that this commitment is irrevocable upon the approval of the franchise by the City of San Bernardino. Corporation By and Approved as to form: ~HP~ Clty A torney . ffiE SPRINT GTE Sprint Communications Corporation Post Office Box 974 Burlingame, CA 94010 November 30, 1983 The Mayor and Common Council City of San Bernardino 300 North "D" street San Bernardino, CA 92418 Gentlemen: Effective December 5, 1983, GTE SPRINT Communications Corporation accepts the grant by the City of San Bernardino of a franchise to construct, maintain, and operate communications conduit within the City of San Bernardino. GTE SPRINT Communications Corporation By A part at GTE Corporation