HomeMy WebLinkAboutORD NO 3969ORDINANCE NO.; 3 9 6 9
AN ORDINANCE AMENDING SECTION 14
SUBSECTION (a) OF ORDINANCE NO. 2518
RELATING TO THE CABLE TELEVISION
FRANCHISE OF TIME WARNER
ENTERTAINMENT ADVANCE/NEW HOUSE.
WHEREAS, the City of Bakersfield has conducted a pubtic hearing concerning the
amendments to this franchise ordinance; and
WHEREAS, the City Council has considered the comments and information
provided at said public hearing; and
WHEREAS, the City Council finds the supplying of highspeed internet service is a
new and unique field requiring the City to give consideration to the opening of said new
technological endeavors; and
WHEREAS, the City of Bakersfield wishes to encourage the implementation of new
technology; and
WHEREAS, the waiver of certain franchise fees for the grantee herein will help to
implement technological innovations; and
WHEREAS, the City of Bakersfield finds that twenty-four months is sufficient to allow
the implementation of said new technology; and
WHEREAS, the City of Bakersfield retains the right to reduce the period of the fee
exemption.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Subsection (a) of Section 14 of Ordinance No. 2518 New Series is hereby amended
to read as follows:
Section 14. Annual Payments to City
(a)
Except for supplying highspeed internet services, which shall be
exempted from the annual payment requirement to City for not more
than twenty-four (24) months following the passage of this ordinance
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amendment, by its acceptance of this franchise, the Grantee agrees
to pay to the City annually in lawful money of the United States, five
pement (5%)of the Total Gross Receipts received by the Grantee in
each calendar year, or a portion thereof, during the term of this
franchise, from the furnishing of its CATV service within the franchise
area.
SECTION 2.
Twenty-four (24) months following the passage of this ordinance, Subsection (a) of
Section 14 of Ordinance No. 2518 New Series shall revert to its original wording which
follows:
Section 14. Annual Payments to City
(a)
By its acceptance of this franchise, the Grantee agrees to pay to the
City annually in lawful money of the United States, five percent (5%)
of the Total Gross Receipts received by the Grantee in each calendar
year, or a portion thereof, during the term of this franchise, from the
furnishing of its CATV service within the franchise area.
SECTION 3.
Except as otherwise amended herein, or previously amended by Agreement No. 95-
228, all other provisions of Ordinance No. 2518 shall remain full force and effect.
SECTION 4.
This ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfie d at a regu ar meeting thereof held on AUG 3 0 Z001) ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SALVAGGIO,G~,~F_J~J
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED: AUG 3 0 2080
By:
BOB PRICE
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
~'~.".. ~...~~
Deputy City Attorney
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,,L,~ .G iNAE
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. MCCARTHY, 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 31th dayof August , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3969 , passed by the
day of August 2000 and
Bakersfield City Council at a meeting held on the 30th
entitled:
AN ORDINANCE AMENDING SECTION 14 SUBSECTION (a) OF
ORDINANCE NO. 2518 RELATING TO THE CABLE TELEVISION
FRANCHISE OF TIME WARNER ENTERTAINMENT ADVANCE/NEW
HOUSE.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
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August 31,2000