HomeMy WebLinkAboutMC-1040
Adopted: January 25, 1999
Effective: February 25, 1999
I ORDINANCE NO. MC-1040
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT
TO STUBBLEFIELD CONSTRUCTION dba MOUNTAIN SHADOWS CABLE TV
3 SYSTEM OF A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN
4 BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recitals.
8
1.
On January 11, 1999 at 10:00 a.m., in the Chambers of the San Bernardino
9 Common Council, a public hearing was held, regarding the City of San Bernardino's intention to
10 renew the grant of a non-exclusive cable franchise to Stubblefield Construction dba Mountain
II Shadows Cable TV System. Notice of the public hearing was published on December 28, 1998,
12 in The San Bernardino County Sun Newspaper.
13
2.
There were no objections at the public hearing by any persons having an interest
14 in the renewal of grant of the franchise.
15
3.
There being no objections, the Common Council determined that the franchise is
16 granted upon the terms and conditions as specified in the resolution of intention.
17
4.
In accordance with San Bernardino Municipal Code Section 14.08.260(B), the grant
18 of a franchise must occur by way of ordinance.
19
Section 2.
Definitions. Unless it shall be apparent from the context that they have a
20 different meaning, the following words and phrases shall have the meaning hereinafter specified:
21
(a)
Grantee shall mean Stubblefield Construction dba Mountain Shadows Cable TV
22 System, a corporation duly authorized to do business in Ca]ifornia, localed at 2258 Bradford
23 Avenue, Highland, California 92346.
24
25
(b)
Franchise Documents shall mean:
(1)
The Cable Franchise Agreement between the City of San Bernardino and
26 Stubblefield Construction dba Mountain Shadows Cable TV System;
27
(2)
City of San Bernardino Resolution No. 98-345, the Resolution of Intention;
28 and,
LEM:ch [Mln-ShadOrd]
KC-1040
ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT
TO STUBBLEFIELD CONSTRUCTION dba MOUNTAIN SHADOWS CABLE TV
3 SYSTEM OF A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND
MAl NT AIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN
4 BERNARDINO.
5
6
(3)
Chapter 14.08 of the San Bernardino Municipal Code.
Section 3.
Authority. This ordinance is enacted pursuant to the authority provided in
7 and all of the provisions, terms and conditions of Chapter 14.08 of the San Bernardino Municipal
8 Code.
9
Section 4.
Franchise Grant. Pursuant to the provisions of Chapter 14.08 of the San
10 Bernardino Municipal Code, a non-exclusive franchise to construct, operate and maintain a cable
II television system in the service area described in the Franchise Documents within the City of San
12 Bernardino is hereby renewed, with all the rights and privileges and subject to each and all of the
13 terms, conditions and limitations as set forth in the Franchise Documents.
14
Section 5.
Franchise Payments. As consideration for the renewal of this franchise and
15 its rights and privileges, Grantee shall pay a franchise fee as set forth in Section 5.1 of the Cable
16 Franchise Agreement between the City of San Bernardino and Stubblefield Construction dba
17 Mountain Shadows Cable TV System.
18
Section 6.
Limitations. The cable television system shall be used and operated
19 exclusively for the purposes expressly authorized by this ordinance, Chapter 14.08 of the San
20 Bernardino Municipal Code, and by all applicable state and federal regulations.
21
Section 7.
Incorporation of Franchise Documents. All of the Franchise Documents and
22 Tolling Agreement, City of San Bernardino Resolution No. 98-344, are incorporated by reference
23 into and made a part of this ordinance.
24
Seetion 8.
Term. The term of the franchise is, as expressed in the Cable Franchise
25 Agreement is five (5) years.
26
Section 9.
When Effective. This ordinance shall become effective thirty days after its
27 adoption.
28 / / /
LEM:ch [Mln-ShadOrd]
2
KC-1040
I
ORDINANCE NO,
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT
TO STUBBLEFIELD CONSTRUCTION dba MOUNTAIN SHADOWS CABLE TV
3 SYSTEM OF A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN
4 BERNARDINO,
5 Section 10. Authority to Sign Cable Franchise Agreement. The Mayor is hereby
6 authorized to sign the Cable Franchise Agreement between the City of San Bernardino and
7 Stubblefield Construction dba Mountain Shadows Cable TV System.
8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
9 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
10
25 day of January
, 1999, by the following vote, to wit:
II COUNCIL MEMBERS:
12 ESTRADA
13 LIEN
14 VACANT
15 SCHNETZ
16 DEVLIN
17 ANDERSON
18 MILLER
19
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
/) fl' I L.
~~.L L.L-<'-'> 7<.-
City lerk
20
21
22
23
24
The foregoing resolution is hereby approved this
Approved as to form and
25 legal content:
, 1999.
Januarv
26 JAMES F. PENMAN,
27 City ()orney __') /)
28 By' !k y If'C:"--y,,"Y,-
~[Mt:~s~:~rdl'
3