HomeMy WebLinkAbout2008-037
RESOLUTION NO. 2008-37
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING THE LOCAL CABLE FRANCHISE
AGREEMENT WITH STUBBLEFIELD CONSTRUCTION dba MOUNTAIN
SHADOWS CABLE TV SYSTEM AND RATIFYING ALL ACTION PRIOR TO
JANUARY 2, 2008.
WHEREAS, Stubblefield Construction dba Mountain Shadows Cable TV System
(hereinafter "Mountain Shadows") is duly authorized to operate a cable television system in the
City of San Bernardino pursuant to Franchise Agreement granted by the City of San
Bernardino; and
WHEREAS, Mountain Shadows has requested that the Franchise it holds to provide
cable television service in the City of San Bernardino be renewed; and
WHEREAS, the Franchise rights granted under the respective Franchise Agreements
expired on December 31,2003; and they were renewed by Resolution No. 2004-18 on January
20, 2004; by Resolution No. 2004-249 on August 2, 2004; by Resolution No. 2005-14 on
January 24, 2005; by Resolution 2005-236 on July 18,2005; by Resolution No. 2006-1 on
January 9, 2006; by Resolution 2006-173 on June 19th, 2006 and by Resolution No. 2006-441
on December 18th, 2006; and
WHEREAS, with the passage of AB 2987, the Digital Infrastructure and Video
Competition Act of 2006, Time Warner Cable and Charter Communications have entered into
State Franchise Agreements, effective January 2, 2008; and
WHEREAS, Mountain Shadows decided to not enter into a State Franchise; and
WHEREAS, the City is willing to amend the current Franchise to be consistent with
the provisions of AB 2987 and to extend the terms of the agreement, dated January 1, 1999, to
December 31, 2012, if Mountain Shadows agrees to abide by the terms and conditions of the of
the existing Franchise during any such extension.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING THE LOCAL CABLE FRANCHISE
AGREEMENT WITH STUBBLEFIELD CONSTRUCTION dba MOUNTAIN
SHADOWS CABLE TV SYSTEM AND RATIFYING ALL ACTION PRIOR TO
JANUARY 2, 2008.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City, Amendment No. 1 to the Cable Franchise
Agreement with Stubblefield Construction dba Mountain Shadows dated January 1'" 1999, to
operate a cable television system in the City pursuant to the City's Municipal Code, which is
attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though
set forth at length.
SECTION 3. The authorization to extend the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
SECTION 4. That the implementation date is January 2, 2008; therefore, any action
taken between January 2, 2008 and the adoption of this Resolution is hereby ratified.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING THE LOCAL CABLE FRANCHISE
AGREEMENT WITH STUBBLEFIELD CONSTRUCTION dba MOUNTAIN
SHADOWS CABLE TV SYSTEM AND RATIFYING ALL ACTION PRIOR TO
JANUARY 2, 2008.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
4th day of February ,2008, by the following vote, to wit:
8 Council Members:
9 ESTRADA
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AYES
NAYS
ABSTAIN ABSENT
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BAXTER
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BRINKER
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DERRY
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KELLEY
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q~ 1:;. ~
City Clerk
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day of February ,
The foregoing resolution is hereby approved this
2008.
Approved as to form:
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2008-37
EXHIBIT A
AMENDMENT NO.1 TO THE
CABLE FRANCHISE AGREEMENT WITH STUBBLEFIELD CONSTRUCTION dba
MOUNTAIN SHADOWS CABLE TV SYSTEM
WHEREAS, the franchise rights granted to Stubblefield Construction dba Mountain
Shadows Cable to operate a cable television system in the City expired on January 2nd, 2008;
and
WHEREAS, Mountain Shadows has not entered into a State Franchise Agreement
allowable by AB 2987, with the California Public Utilities Commission; and
WHEREAS, Mountain Shadows has requested that the Franchise it holds to provide
cable television services in the City of San Bernardino be renewed; and
WHEREAS, the parties hereto agree to amend this Agreement which shall be to the
benefit of both parties; and
NOW, THEREFORE, the Franchise Agreement dated January 1, 1999, by and
between the City of San Bernardino and Stubblefield Construction dba Mountain Shadows
Cable is hereby amended as follows:
Section 1. Section 4.5 of the Agreement is hereby amended to now read as follows:
"4.5. Grantee shall pay a PEG support fee equaling 1% of Gross Revenue. The fee
shall be collected quarterly and received by the City no later than 45 days after the close of
each quarter of grantee's fiscal year. On a quarterly basis, Grantee shall provide the City with a
complete and accurate statement verified by a financial officer of Grantee indicating Gross
Revenues for the past quarter, listing every revenue source and depicting gross revenue
computations. Grantee may recover this amount by billing a recovery fee as a separate line item
on a regular bill to each subscriber."
Section 2. Section 8.8 of the Agreement is hereby amended to now read as follows:
"8.8 Effective Date. The effective date of this Franchise is January 2, 2008,
pursuant to the provisions of applicable law. This franchise shall expire on December 31, 2012,
unless extended by the mutual agreement of the parties."
RECTI FEB - 8 2008
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2008-37
EXHIBIT A
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AMENDMENT NO.1 TO THE
CABLE FRANCHISE AGREEMENT WITH STUBBLEFIELD CONSTRUCTION dba
MOUNTAIN SHADOWS CABLE TV SYSTEM
Section 3. All other terms and conditions contained in the original Agreement shall
remain in full force and effect.
IN WITNESS THEREOF, the authorized parties have signed below.
Stubblefield Construction dba
Moun!~~e TV System
By?!? ~
CI1~FNAJIDfNO
By:
Fred son, City Manager
DATED: MARc.H-
DATED:~~7 (,
l.:z
,2008
,2008
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Approved as to form:
ATTEST:
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Rachel Clark, City Clerk
es F. Penman, City Attorney
.7C>
,2008
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REC'D FE i3 - 8 2003