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HomeMy WebLinkAboutResolution - 1612 l�l RESOLUTION NO. 1612 21 A RESOLUTIO"! OF THE CITY COUNCIL OF SAN JACINTO, CALIFORNIA, GRANTING A 'iONEXCLUSIVE 3 FRANCHISE TO CONSTRUCT, OPERATE AI ID MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF 4 SAN JACINTO 70 INLAND VALLEY CABLEVISION FOR A TERM OF FIFTEEN (15) YEARS j lHEREAS, on March 7, 1985, an application for a cable television fran- G chise for the City of San Jacinto was submitted by P,iversiee Cablevision, a California corporation. BY this reference, said application is made a part 7 this resolution as if fully set forth herein; arc R !dHEREAS, on May 17, 1985, the Secretary of State for the State of Cali- fornia filed a Certificate of Amendment of Articles of Incorporation on be- half of Riverside°Cablevision changing the name of Riverside Cablevision io Inland Valley Cablevision; and 10 ' 4HEREAS, on June 18, 1985, the City Council adopted ordinance Ne_ 788 11 relating to franchises for cable television systems; and 12 WHEREAS, Section 2(a) of Ordinance No. 788 orovides That the City Coum 13 nay grant a nonexclusive cable television franchise by resolution. 14 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 15 1 . The City Council of the City of San Jacinto, California, hereby grants a nonexclusive franchise to Inland Valley Cablevision (the "Grantee") to install , construct, operate and maintain a cable IG television system within all 'portions of the City as from time-to- 17 time constituted. 2. The term of this franchise shall be a period of fifteen (15) years 18 commencing upon the date of acceptance by the Grantee of the cable 191 television franchise granted pursuant to this resolution. 3. The franchise fee shall be in an amount equal to five percent (Si ; 20 of tiie Grantee's gross receipts, payable in the nanner prescribed and otherwise subject to the terms and conditions of Section 5 of 21 Ordinance No. 788. 22 q. Upon acceptance by the Grantee of the cable television franchise granted pursuant to this resolution, the Grantee shall file with 23 City Clerk an insurance certificate or certificates as prescribed ' I Section 6(e) of Ordinance No. 788 and a performance bond as requi 24 fI under Section '6(g) of Ordinance No. 788 Which performance bond sh be in an amount not less than 5150,000, 25 i 26 5. The transferability of the cable television franchise granted cur suant to this resolution is limited by the terms of Section 7 of �7 Ordinance No. 788. u3I', 6. The form of the acceptance by the Grantee of the cable television franchise granted Pursuant to this resolution shall contain a sta meet that the Grantee has read and is -Familiar with the terms anc "ill conditions of Ordinance No. 788 and agrees to faithfully comply n 10 all the terms and conditions thereof. .Attached hereto ara narked Exhibit ".A" is an anticipated timesch for the rebuilding by the Grantee of the existing cable televisit facilities located in the City of San Jacinto. Projections and 32J timates contained in such Exhibit are oased on determinations ¢,ar I i 1 in view of facts and circumstances existing on the date of this resolution. Actual time periods may vary from such projections or 2 estimates due to the occurrence of evens not presently kno:m or anticipated. However, the Grantee shall use its best efforts to -3 undertake and conplete each activity identified in such Exhibit as and when specified, provided that "best efforts" shall not be deemec 41, to require the Grantee to undertake any unusual or extraordinary measures to complete each activity by tie date indicated nor shall 5 the Grantee be required to satisfy the estimated dates of completior due to events beyond the Grantee's reasonable control, as more spec 61 fically set forth in Section 12(r) or Section 28(c) of Ordinance No I, 738. f 8. Concurrently with the acceptance by the Grantee of the cable told- 8 I vision franchise granted pursuant to this resolution, the cable tel vision franchise granted to Riverside Cablevision, A Limited Partne oll ship, by the City pursuant to Resolution No. 1260 adopted May 8, 19 shall be deemed cancelled and terminated in its entirety from and 10 I after the date of such acceptance. ii 9. This resolution shall take effect and shall continue and remain in effect from and after the date of its passage and adoption by the 12 City Council of the City of San Jacinto, provided that the cable television franchise granted pursuant to this resolution shall not 13 become effective unless and until such time as the Grantee shall fi with the Citv Clerk its written acceptance of and agreement to the 14 terms and conditions of such franchise and all rules and regulatior 15 i of the City of San Jacinto with respect thereto. MVED, PASSED and ADOPTED this 2nd day of July 19B5, by the follour,ng vc 16 AYES: Councilmen Visser, Divine, Rose, Stevens and Stuart 17� DOES: None 18 ABSENT: None ABSTAIN: Clone 20 , AT TT:TFST: _ GLt--y.r yx Mayor., _ t_'- 221 Deputy City Clerk 23il 24 � CERTIFICATE 25ll The foregoing is certified to be a true copy of Resolution No. 1612 du 261 adopted by the said City Council of the City of San Jacinto on the date the 2711 set forth. 2911 Deputy City Clerk 301 j{ 311� 32: