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ORDINANCE NO. ,;" 7 ff""1
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. 2709 ENTITLED "AN ORDINANCE. . . GRANTING A FRAN-
CHISE TO T. V. RECEPTORS, INC."; CHANGING THE EFFECTIVE DATE OF
THE FRANCHISE; ELIMINATING THE REQUIREMENT FOR A MINIMUM PAYMENT
OF FIVE HUNDRED DOLLARS; AND REDUCING THE AMOUNT OF THE FAITHFUL
PERFORMANCE BOND FROM FIVE THOUSAND DOLLARS TO TWO THOUSAND i
DO~S. t
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN
DO ORDAIN AS FOLLOWS: I
SECTION ONE: Ordinance No. 2709 Section Three is hereby I
amended to read as follOws: I
SECTION THREE: DURATION OF GRANT. This franchise shall
be effective on August 15, 1966, provided the grantee has paid
to the City the sum of One Hundred Dollars ($100.00) and, has
filed with the City, within twenty (20) days after August 15,
a written instrument, addressed to the Council, accepting this
franchise and agreeing to comply with its provisions.
This franchise shall expire twenty-five (25) years after
the effective date hereof, unless sooner terminated by the City
Council, in the event the Council shall have found, after notice
and hearing, that: (a) the Grantee has failed to comply with
any material provisions hereof; or (b) any provision hereof has
become invalid or unenforceable, and the Council finds that such
provision constitutes a consideration material to the grant of
this franchise; provided, however, that the Grantee shall be
given at least thirty (30) days' notice of any termination
proceedings.
SECTION TWO: Ordinance No. 2709 Section Four Subsection
(a) is hereby amended to read as follows:
(a) By its acceptance of this franchise, the Grantee
agrees to pay to the City, annually, in lawful money of the
United States, two percent (2%) 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
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franchise, by the Grantee or its Operating Licensees from the
properties, operations, and business referred to in Section Two.
SECTION THREE: Ordinance No. 2709 Section Five Subsection
(b) is hereby amended to read as follows:
(b) By its acceptance of this franchise grant or of an
assignment thereof, the Grantee agrees that any Closed Circuit
System facilities and appurtenances in streets or upon other
city property, which are subsequently acquired by the Grantee
or which were authorized by franchises surrendered pursuant to
the provisions of this section, are thereupon authorized by and
shall be subject to the provisions of this franchise, and city
consents thereto.
SECTION FOUR: Ordinance No;' 2709 Section Thirteen Sub-
section (a) is hereby amended to read as follows:
(a) The Grantee shall, concurrently with the filing
of an acceptance of award of this franchise, file with the Council
and at all times thereafter maintain in full force and effect
for the term of this franchise at its expense, a corporate surety
bond, in a company approved by the Chief Administrative Officer
and in a form satisfactory to the City Attorney, in duplicate,
in the amount of Two thousand dollars ($2,000.00), renewable
annually, and conditioned upon the faithful performance of
Grantee and that in the event the Grantee shall fail to c~ly
with anyone or more of the provisions of this franchise, then
there shall be recoverable jointly and severally from the
principal and surety of such bond, any damages or loss suffered
by the City as a result thereof, including the full amount of
any compensation, indemnification, or cost of removal or abandon-
ment of property as prescribed by this ordinance which may be
in default, plus a reasonable allowance for Attorneys' fees and
costs, up to the full amount of the bond; said condition to be
'a continuing obligation for the duration of this franchise
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and thereafter until the Grantee has liquidated all of its
obligations with the City that may have arisen from the accept-
ance of this franchise by the Grantee or from its exercise of
any privilege herein granted. The bond shall provide that
thirty (30) days prior written notice of intention not to renew,
cancellation or material change be given to the City.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at "'- :j'-:',#,..&~etl'" ther~f
held on the / /zt of , 1966 by the follow-
ing vote, to wit: V'
/
/
ABSENT: 7J~
.
day of
J/aJ0F~
City rert(
ordinance is hereby approved this /~~
1966.
('J;
Mayor of
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