HomeMy WebLinkAboutMC-319
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ORDINANCE NO. 'IC,-31"
ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO MOUNTAIN
SHADOWS CABLE TV SYSTEMS, INC., A CORPORATION, A NONEXCLUSIVE
FRANCHISE TO OPERATE, MAINTAIN, AND EXTEND A CABLE TELEVISION
ISYSTEM WITHIN THE CITY OF SAN BERNARDINO.
II THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
'IORDAIN AS FOLLOWS:
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SECTION 1.
Definitions.
Unless it shall be avparent from
the context that they have a different meaning, the following
words and phrases shall have the meaning hereinafter specified:
(a)
The definitions contained in Section 14.08.010 of the
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~san Bernardino Municipal Code shall apply to this ordinance.
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IInc., a corporation, 4040 East piedmont Drive, Highland,
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California 92346.
(b)
"Grantee" shall mean Mountain Shadows Cable TV Systems,
(c) "Franchise documents" shall mean:
(1) Franchise application submitted October 1, 1980, by
Dale and Dale, attorneys at law, and the supplement thereto
submitted July 22, 1981, by John Stubblefield on behalf of the
applicant and the exhibits thereto;
(2) All materials accompanying the franchise
application and supplement including, but not limited to, the
schedule of rates and installation and service charges, a
certificate of compliance with F.C.C. standards, and materials
presented to and the recommendations of the Cable TV Commission;
(3) City of San Bernardino Resolution No. 83-351 , the
resolution of intention; and
(4) Chapter 14.08 of the San Bernardino Municipal Code,
as now existing or hereafter amended, and this franchise
ordinance.
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1 SECTION 2. Authority. This ordinance is enacted pursuant to
2 the authority provided in, and all of the provisions, terms and
3 conditions of, Chapter 14.08 of the San Bernardino Municipal Code.
4 SECTION 3. Franchise Granted. Pursuant to the provisions of
5 Chapter 14.08 of the San Bernardino Municipal Code, a nonexclusive
6 franchise to operate, maintain and extend a cable television
7 system within the City of San Bernardino is granted to Grantee
8 with all the rights and privileges, and subject to each and all of
9 the terms, conditions and limitations set forth in the franchise
10 documents and subject to the conditions recommended on October 4,
11 1983, by the Cable Television Commission meeting as a committee
12 of the whole. Mountain Shadows will operate and maintain the
13 completed system which is located in the area described in the
14 franchise documents and may extend the system upon notice to the
15 City and amendment of the description of the service area in the
16 franchise documents and upon compliance with applicable laws.
17 SECTION 4. Rates and Charges. The following schedule of
18 rates and charges which Grantee shall charge to subscribers to the
19 cable television system is approved:
20 (a) Basic service, first outlet, $9.75 per month;
21 (b) Additional outlets, $2.45 per outlet per month;
22 (c) Installation charge, first outlet, $20.00;
23 (d) Installation charge for each additional outlet, $9.95;
24 (e) FM radio outlet, $3.00 per month.
25 SECTION 5. Franchise Payments. As consideration for the
26 granting of this franchise and its rights and privileges, Grantee
27 shall make periodic payments to the City in the manner, times, and
28 amounts set forth in Section 14.08.110 of the San Bernardino
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MC-31't:
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IMuniciPal Code, or amendments thereto, which now provides for
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payment of three percent of the grantee's gross revenues per year
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from all cable services, subject to an increase to five percent.
4 I[An increase in franchise fee rate shall be grounds for requesting
5 Ian increase in rates and charges.
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6 I SECTION 6. Limitations. The cable television system shall
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be used and operated exclusively for the purposes expressly
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authorized by this ordinance and Chapter 14.08 of the San
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Bernardino Municipal Code.
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Incorporation of Franchise Documents. All of the
SECTION 7.
11 franchise documents are incorporated by reference into and made a
12 part of this ordinance.
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SECTION 8. Effective Date. This ordinance shall become
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effective thirty days after its approval, provided that the
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franchise shall not become effective unless and until Grantee
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files with the City Clerk its written acceptance in the form
I attached to this ordinance and marked Exhibit "A", files a
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performance bond in the sum of $5,000 with the City Clerk pursuant
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to San Bernardino Municipal Code Section 14.08.280, and files the
policies of insurance naming the City as an additional insured
with the City Clerk pursuant to San Bernardino Municipal Code
22 Section 14.08.310. The provisions of Municipal Code Section
23 114.08.270 are inapplicable to the system which has been completed
24 but not to any future extensions of the system. Applicant has
25 heretofore on October 1, 1980, deposited with the City Clerk the
26 application fee of $2,000.00. During the pendency of the
27 application proceedings, City has not acted to enjoin applicant's
28 service to its subscribers and has not received nor collected any
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MG-31,.'}-: . .
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franchise payments. Upon satisfaction of the conditions of this
section, the franchise granted herein shall become effective as of
the date of application, October 1, 1980, and applicant shall pay
to City the franchise payments pursuant to Section 5 hereof from
that date forward, in an amount agreed in writing between City and
applicant, which shall be in full satisfaction of any claims by
City for applicant's failure to procure a franchise prior to
commencement of operation.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned regular
meeting thereof, held on
the
, 1983, by the following vote,
29th day of
November
to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
J1arks, Ouiel
NAYS:
None
ABSENT:
council MeIT'bers Frazier, Std.cy 1 er
~ -c"k
. 'L'?<C/;I<V*2!/2;;h
/ City Clerk
of
November
The foregoing ordinance is hereby
day
, 1983.
Approved as to form:
~~v~~
City ttorney
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MC;-319 .
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ACCEPTANCE OF FRANCHISE
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Mountain Shadows Cable TV Systems Inc., accepts the franchise
The City Clerk of the City of San Bernardino, California
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5 granted by the Mayor and Common Council of the City of San
6 Bernardino by Ordinance No. nC-319 ,entitled "Ordinance of the
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City of San Bernardino Granting to Mountain Shadows Cable TV
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IjSystems, Inc., a Corporation, a Nonexclusive Franchise to Operate,
rMaintain, and Extend a Cable Television System within the City of
~san Bernardino". Mountain Shadows Cable TV Systems, Inc., agrees
~to be bound by and to comply with and do all things required by
jthe provisions of Chapter 14.08 of the San Bernardino Municipal
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'Code, as it now exists or as it may hereafter be amended, City
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Ordinance No. MC-319
and all of the other franchise documents.
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DATED:
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MOUNTAIN SHADOWS CABLE TV
SYSTEMS, INC., a Corporation
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By
.----'-...----
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, ~;''--..... ? _ -'" ---1-- U,1 \.,j,'/"/ f' ./,j;~- ,<_~
Arnold H. Stubbl;fi~ld
Its President
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,Ii/; 1/1 1JD2~
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'Harold E. Stubbl ield
Its Secretary
By
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Approved as to form:
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~h~J'~
City ttorney
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NOTE: The signatures of the persons authorized to sign for
the Grantee must be notarized.
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EXHIBIT "A"
MC-JI9
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STATE OF CALIFORNIA
COUNTYOF__~~n Bernardino
On Dece~-2,-1983
said State, personally appeared Harold E.
, before me the und .
St bbl f.' erslgned, a Notary Public;n and for
u e leld
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and
basis of satisfactory evidence) to be th -~~----, personally known to me (or Proved to me on the
, e persons who executed the within instrument as
PresIdent and the
MOUNTAIN SHADOWS CABLE TV SYSTEM Secretary, on behalf of
. S, Ire.,
the corporation therein named, and acknowledged to me that
such Corporation executed the within instrumentp
ursuanttoits
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature 1//1& (A /, 9 cf ;/~ - _
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IOFFtCIAL SfA1J
DEBORAH J. LANGLEY
NOTARY PUBLIC - CALIFORNIA
SAN BERNAROINO COUNTY
My Commission Expires Nov. 20. 1984
, a e
.cial notanal seal)
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STATE OF CALIFORNIA S Iss.
COUNTY OF an Bernardino.~ __I
On Decem.he.I__ 16. 1 qR1______, before me, the undersigned, a Notary Public in and for
said State, personally appeared__~rnold _~"-- Stu~blef ield and
___, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
the President anrl Secretary, on behalf of
Mountain Shadows Cable TV Systems, Inc.
the corporation therein named, and acknowledged to me that
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by-laws or a resolution of its board of directors. NOTARY PUBLIC - CALIfORNIA I
' ~ SAN BERNARDINO COUfHY
WITNESS my.-~d official seal.
/.' ) '. _ /__/ ._ ,. My Commi5siOn,~~~!~_~~~ ~P~~I 3?~_1_~_~~---i
I. 1-. )~.~, I 'Ic/' 1 . . . . . . . . . - . . . . .-~~~
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Signatu~. . -I.i~:n'> :llowa ;--/ (, F . L~Cr (This area for official notarial seal)
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(OFFICIAL SEAL'
JOAN GALLOWAY
such corporation executed the within instrument pursuantto its