HomeMy WebLinkAbout2005-236
RESOLUTION NO. 2005-236
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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WHEREAS, Adelphia Communications, Charter Communications, and Mountai
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Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl
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television systems in the City of San Bernardino pursuant to Franchise Agreements granted b
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the City of San Bernardino.
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WHEREAS, the Cable Companies have requested that the Franchises they hold t
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provide cable television service in the City of San Bernardino be renewed; and
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WHEREAS, the Franchise rights granted under the respective Franchise Agreement
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expired on December 31,2003; and they were renewed by Resolution No. 2004-18 on Janu
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20,2004; by Resolution No. 2004-249 on August 2,2004; and by Resolution No. 2005-140
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January 24, 2005; and
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WHEREAS, the City and the Cable Companies are currently in the Franchise renewa
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process; and
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WHEREAS, an extension of an existing franchise while negotiating a new Franchise i
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not uncommon among California municipalities; and
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WHEREAS, the City is willing to grant an additional extension of the current Franchise
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for ninety days while it considers the renewal request, if the Cable Companies agree to abide b
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the terms and conditions ofthe existing Franchises during any such extension,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCmSE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS,
MOUNTAIN SHADOWS CABLE.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
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COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
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SECTION 1. The Franchise rights granted to Adelphia Communications under th
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Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Chart
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Communications under the Franchise Agreement dated November 12, 1961 under the authorit
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of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date
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October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1
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are hereby extended ninety (90) days from the date of this Resolution under the existing term
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and conditions, subject to the conditions below.
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SECTION 2. Under the extension granted herein, the Cable Companies shall b
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obligated to perform and comply with all terms, conditions, requirements,
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contained in their Franchise Agreements.
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SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis
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Agreements for up to and including an additional ninety (90) days. In no case shall th
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Agreements be extended for more than one-hundred and eighty (180) days from the date ofthi
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Resolution.
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SECTION 4. This Resolution shall take effect upon its adoption.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
Common Council of the City of San Bernardino at a joint regular
meeting thereof.
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held on the 18th day of July
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COUNCIL MEMBERS: AYES
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ESTRADA x
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LONGVILLE x
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X
11 MCGINNIS
DERRY x
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13 KELLEY X
14 JOHNSON X
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15 MCCAMMACK X
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21 Approved as to form and
22 legal content:
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, 2005 by the following vote, to wit:
NAYS
ABSTAIN ABSENT
'1n,~ h. ~
C CLERK
July , 2005
, LES, Mayor
f San Bernardino
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