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ORDINANCE NO. 31ffi
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 2395 ENTITLED IN PART "AN ORDINANCE . . . GRANTING A FRANCHISE
3 TO SAN BERNARDINO COMMUNITY TELEVISION ANTENNA SYSTEM"; PROVIDING
FOR QUARTERLY FRANCHISE PAYMENTS; AND PROVIDING FOR RATE INCREASES
4 WITH PRIOR APPROVAL OF THE MAYOR AND COMMON COUNCIL.
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5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 2395 Section Four Subsection (a)
8 is hereby amended to read as follows:
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n(a) Commencing with the calendar year of 1979, Grantee
10 agrees to pay to City, quarterly, in lawful money of the United
11 States, four percent (4%) of the total gross receipts collected
12 or received, or in any manner gained or derived in the preceding
13 calendar quarter, or portion thereof, during the term of this
14 franchise, by the Grantee or its Operating Licensees from the
15 properties, operations and business referred to in Section Two.
16 In any quarter, or portion thereof, during which payments under
17 this section amount to less than one hundred twenty-five dollars
18 ($125.00), Grantee agrees to pay to City the minimum amount of
19 one hundred twenty-five dollars ($125.00)."
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SECTION 2. Ordinance No. 2395 Section Four Subsection (c)
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is hereby amended to read as follows:
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"(c) The payments required by this section shall be paid
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quarterly and be due within sixty (60) days after the last day
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of each calendar quarter. If any payment or portion thereof is
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not paid within such specified time, Grantee shall pay, in
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addition, a penalty of ten percent (10%) of the unpaid amount.
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Payments shall be accompanied by a duly verified statement show-
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ing in detail the Total Gross Receipts received by Grantee during
1 the preceding calendar year from the properties, operations, and
2 business referred to in Section Two. The Grantee shall at all
3 times maintain accurate and complete accounts of all revenue and
4 income arising out of its operations under this franchise.
5 Grantee's books, accounts and records shall at all times be open
6 to inspection and examination by authorized officers, agents and
7 employees of the City and shall be kept in such form as to enable
8 such authorized officers, agents and employees to ascertain the
9 amounts due the City and determine any other facts relative to
10 operations under this franchise. The right is reserved to the
11 City of audit and recomputation of any and all amounts paid under
12 this franchise and no acceptance of any payment shall be construed
13 as a release or as an accord and satisfaction of any claim the
14 City may have for further or additional sums payable under this
15 franchise or for the performance of any other obligation there-
16 under. In the event of its holding over after expiration or
17 other termination of this franchise, the Grantee shall render
18 compensation pursuant to the provisions of this franchise until
19 the effective date of a new franchise."
20 SECTION 3. Ordinance No. 2395 Section Seventeen is hereby
21 amended to read as follows:
22 "SECTION SEVENTEEN: RATES. The Grantee shall at all times
23 maintain on file with the City Clerk its current rate schedules,
24 setting forth the amounts of all rates and charges made for all
25 services rendered by it, which are covered by this franchise.
26 Grantee may reduce any of its rates or charges without the consent
27 of the Mayor and Common Council. Grantee shall not increase any
28 of its rates or charges without the prior consent of the Mayor
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1 and Common Council. Such consent shall be required regardless of
2 whether the rates or charges in effect are less than or equivalent
3 to previously filed or approved rates or charges."
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
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i, , /:,.J
/( 'Jf '/
. " /)
of /fkA'~
, 1978, by the following
meeting thereof, held
Bernardino at a
on the / (A day
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vote, to wit:
Councilmen ;;f~~j!.{rft-x.- Jn7
i / ,', I~ /
,f) ,,i5ttK, Y211/-iJf,' /->;r;, /!/UU
d2;,,jf,Un 5b 12. <
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AYES:
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NAYS:
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ABSENT:
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k/w PJ1b
/' ~~ City
Clerk
;;,~d day
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The foregoing ordinance is
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o f ,d4/JZU?
, 1978.
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FIt_ED
to form:
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'i':: i' " , ' t.Q~f-'R
LtL.V L~ J !:...;;.~)
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CITY CLEf~:{S ')P:';CE
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;n ,.... Dli'0'J'(
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