HomeMy WebLinkAbout2947ORDINANCE NO. 2947
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANANCE NO. 2395 ENTITLED IN PART "AN ORDINANCE . . . GRANTING A
:3 FRANCHISE TO SAN BERNARDINO COMMUNITY TELEVISION ANTENNA SYSTEM."
EXTENDING THE TERM OF SAID FRANCHISE; PROVIDING FOR A THIRTY DAY
4 PERIOD TO CURE FAILURE TO COMPLY WITH THE CONDITIONS OF SAID
FRANCHISE; PROVIDING FOR A FRANCHISE PAYMENT OF FOUR PERCENT (4%)
5 OF GROSS RECEIPTS; AND AUTHORIZING THE SALE OF THE FRANCHISE TO
A COMPANY OF A CERTAIN NET WORTH.
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION ONE: Ordinance No. 2395 Section 3 is hereby
9 amended to read as follows:
10
"Section 3. DURATION OF GRANT. This franchise shall be
11 effective on the thirty-first (31st) day after the publication
12 of this ordinance, provided the Grantee has paid to the City
13 the sum of one hundred dollars ($100.00) and, has filed with
14 the City, within twenty (20) days after such date of publication,
15 a written instrument, addressed to the Council, accepting this
16 franchise and agreeing to comply with its provisions.
17 This franchise shall expire on December 31, 1993, unless
18 sooner terminated by the City Council, in the event the Council
19 shall have found, after notice and hearing, that: (a) the Grantee
20 has failed to comply with any material provisions hereof; or (b)
21 any provision hereof has become invalid or unenforceable, and
22 the Council finds that such provision constitutes a consideration
23 material to the grant of this franchise; provided, however, that
24 the Grantee shall be given at least thirty (30) days' notice of
25 any termination proceedings. Prior to the institution of any
26 hearing to terminate the franchise for failure to comply with
27 any material provision thereof, Council shall first give Grantee
28 not less than thirty (30) days written notice by certified mail
29 that there are reasonable grounds to believe that a material non-
30 compliance of the franchise exists, which said notice shall
31 specify such non-compliance. The franchise shall not be terminated
32 unless Grantee shall fail to cure such non-compliance within
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thirty (30) days after receipt of such notice.
Grantee shall have the option to extend the franchise for
an additional ten (10) year period upon the same terms and con-
ditions set forth in the franchise upon giving written notice
of the exercise of such option not less than six (6) months
prior to December 31, 1993.n
SECTION TWO: Ordinance No. 2395 Section 4 Subsection (a)
is hereby amended to read as follows:
"ea) Commencing with the calendar year of 1969, Grantee
agrees to pay to City, annually, in lawful money of the united
States, four percent (4%) of the total gross receipts collected
or received, or in any manner gained or derived in each calendar
year, or portion thereof, during the term of this franchise, by
the Grantee or its Operating Licensees from the properties,
operations and business referred to in Section 2. In any year,
or portion thereof, during which payments under this section
amount to less than five hundred dollars ($500.00), Grantee agrees
to pay the City the minimum amount of five hundred dollars
($500.00) . n
SECTION THREE: Ordinance No. 2395 Section 6 Subsection (c)
is hereby amended to read as follows:
n(c) This franchise is a privilege to be held in personal
trust by the original Grantee. It cannot in any event be trans-
ferred in part, and it is not to be sold, transferred, leased,
assigned, or disposed of as a whole, either by forced sale,
merger, consolidation, or otherwise, without prior consent of the
City expressed by ordinance, and then only under such conditions
as may be therein prescribed; provided, however, that no such
consent shall be required for any transfer in trust, mortgage, or
other hypothecation, as a whole, to secure an indebtedness; pro-
vided further, however, that this franchise may be sold, trans-
ferred or assigned by Grantee to a person or entity whose net
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worth at the time of such transfer shall be not less than
$250,000.00 (adjusted to include increases in the Cost of Living
Index for Southern California over the current Cost of Living
Index), as shown by a statement of net worth certified to by a
licensed Certified Public Accountant, without the prior consent
of the Grantor. Prior consent of the Grantor expressed by ordi-
nance shall be required in the event the Grantee issues licenses
for operations under this franchise to Operating Licensees and
such licenses shall be subject to all the conditions prescribed
in the ordinance granting consent and the provisions of this
franchise. Nothing contained herein shall relieve the Grantee
from any of its duties and obligations under this franchise."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Ber-
nardino at ~~/bA ~eeting thereof, held on
th~ay of, !'f#=-k.f;6B by the following vote, to wit,
AYES: Councilmen vbl'P' ~~1Lu I ~ ~~;L., ~t:LZ;;-N~~
~~~/V7//1 4~.7k'fd~
NOES:
ABSENT:
()/aJ g;
City
The foregoing ordinance is hereby approved this ~y
of ~~~.J , 1968.
Approved as to form:
c/(~ ~,:;
City At orney
i ,.
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