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HomeMy WebLinkAboutORD NO 3668ORDIR CE RO. $ 6 6 8 AN AMENDMENT TO ORDINANCE 2518 NEW SERIES AND ORDINANCE 1552 NEW SERIESt GRANTING A NON- EXCLUSIVE FRANCHISE FOR COAXIAL CABLE FOR TELEVISION ANTENNA SERVICE WITHIN THE CITY OF BAKERSFIELD AND ADDING CHAPTER 5.48 TO TITLE 5 OF THE BAKERSFIELD I~J'NICIPAL CODE RELATING TO CABLE TELEVISION FRANCHISES. WHEREAS, City granted a non-exclusive franchise in Time Warner Entertainment-Advance/Newhouse, a General Partnership under the laws of the State of New York Ordinance 2518 New Series; and WHEREAS, Time Warner Entertainment-Advance/Newhouse, a General Partnership under the laws of the State of New York has an option to renew said franchise; and WHEREAS, City and Time Warner Entertainment-Advance/Newhouse, a General Partnership under the laws of the State of New York desire to set forth the terms of the franchise in an agreement; and WHEREAS, City granted a non-exclusive franchise to Trans-Video Corp., the successor in interest to Cox, in Ordinance No. 1552 New Series and Trans-Video Corp. accepted said nonexclusive franchise with the conditions and covenants contained therein; and WHEREAS, Cox Communications Bakersfield, Inc. is the successor in interest to Trans-Video Corp. and has accepted the Franchise under the same conditions as Trans-Video Corp.; and WHEREAS, Cox Communications Bakersfield, Inc., a Delaware Corporation authorized to do business in the State of California, has an option to renew said franchise; and WHEREAS, City and Cox Communications Bakersfield, Inc., a Delaware Corporation authorized to do business in the State of California, desire to set forth the terms of the franchise in an agreement. BE IT ORDAINED, by the City Council of the City of Bakersfield as follows: SECTION 1. Ordinance No. 2518 New Series is hereby amended to follows and a new Chapter is added to Title 5 as follows: read as 5.48.010 5.48.020 TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS CHAPTER 5.48 CABLE TELEVISION FRANCHISES Grant of Franchise to Time Warner Entertainment- Advance/Newhouse, a General Partnership under the laws of the State of New York Grant of Franchise to Cox Communications Bakersfield, Inc. a Delaware Corporation authorized to do business in the State of California. 5.&8.010 Grant of Franchise to Time Warner Entertainment- Advance/Newhouse, a Oeneral Partnership under the laws of the State of New York Pursuant to Charter Section 116 the City of Bakersfield hereby grants to Time Warner Entertainment-Advance/Newhouse, a General Partnership under the laws of the State of New York the nonexclusive right, privilege and Franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, distributing and supplying radio and television antenna service along, across and upon the public streets, ways, alleys and places within the City of Bakersfield effective upon the execution of a Franchise Agreement as approved by the City Council of the City of Bakersfield and subject to all the terms and conditions contained in such Franchise Agreement approved by the City Council of the City of Bakersfield. 5.&8.020 Grant of Franchise to Cox Communications Bakersfield, Inc. a Delaware CorDoration authorized to do business in the State of California Pursuant to Charter Sectfon 116 the City of Bakersfield hereby grants to Cox Cable-Bakersfield a Subsidiary of Cox Communications, Inc., the nonexclusive right, privilege and Franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, distributing and supplying radio and television antenna service along, across and upon the public streets, ways, alleys and places within the City of Bakersfield effective upon the execution of a Franchise Agreement as approved by the City Council of the City of Bakersfield and subject to all the terms and conditions contained in such Franchise Agreement approved by the City Council of the City of Bakersfield. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~118 3 0 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON,'StaI~Nr.McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ )~/~ ~' ABSTAtN: COUNCILMEMBER ~ ..~L~ ~-~ ABSENT: COUNCILMEMBER ~ ~ i ~-*~"~ CT?¥ CL~.RK and Ex Off±c±o Cleric of the Council of the City of Bakersfield APPROVED APPROVED as to form: JUDY K. SROUSEN City Attorney By: ALAN D. DANIEL Assistant City Attorney JKS/meg MEG:ORD95- I/CABLE-TV.ORD ADD:CENTRAL FILIN(]/CABLE-TV.ORD August 11, 1995 - 3 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 31st day of August, 1995 she posted on the Bulletin Board at City Hall, a full, true correct copy of the following: Ordinance No. 3668, passed by Bakersfield City Council at a meeting held on the 30th day August, 1995, and entitled: and the of AN AMENDMENT TO ORDINANCE 2518 NEW SERIES AND ORDINANCE 1552 NEW SERIES, GRANTING A NON- EXCLUSIVE FRANCHISE FOR COAXIAL CABLE FOR TELEVISION ANTENNA SERVICE WITHIN THE CITY OF BAKERSFIELD AND ADDING CHAPTER 5.48 TO TITLE 5 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CABLE TELEVISION FRANCHISES /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Cler~ ~3