HomeMy WebLinkAboutRES CC 2001 1870 2001 0718RESOLUTION NO. 2001 -1870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA APPROVING THE EXTENSION OF
THE FRANCHISE TERM OF THE MOUNTAIN MEADOWS CABLE
TELEVISION SYSTEM WITH ADELPHIA COMMUNICATIONS
CORPORATION PENDING COMPLETION OF NEGOTIATIONS
FOR A FRANCHISE RENEWAL
WHEREAS, Adelphia Communications Corporation, (hereinafter
"Franchisee ") is the duly authorized holder of a franchise
( "Franchise ") that authorizes the operation and maintenance of
the Mountain Meadows Cable Television System within the City of
Moorpark, California("the City "); and
WHEREAS, The City's Franchise with Franchisee was granted on
June 6, 1984 and expired on December 20, 2000; and
WHEREAS, Section 626 of the Federal Cable Communications
Policy Act of 1984 (47 U.S.0 546) (the 111984 Cable Act "),
establishes provisions concerning the renewal of cable television
franchises by franchise authorities; and
WHEREAS, The City and the Franchisee are in the process of
implementing the "informal" renewal procedures permitted by the
1984 Cable Act; and
WHEREAS, The City and the Franchisee mutually agree that
they will be unable to complete renewal negotiations before
December 31, 2001; and
WHEREAS, It is considered to be in the best interests of the
City, the Franchisee, and cable system subscribers to extend the
Franchise term pending completion of the renewal negotiations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Fifteen -year (15) year franchise which began
June 6, 1984 by and between the City and Franchisee and its
predecessors, as amended (hereinafter collectively referred to as
the "Franchise ") , is hereby further amended to extend its term
for a period of Twelve (12) months and eleven (11) days, such
that, as extended, the Franchise will expire on December 31,
2001. However, should the City and the Franchisee successfully
complete renewal negotiations resulting in a new franchise,
approved by the City Council, prior to the expiration of the
renewal term specified herein, the original Franchise shall
Resolution No. 2001 -1870
Page 2
expire and the new franchise become effective on the date
specified in the new franchise agreement.
SECTION 2. Except as amended by the extension of term, all
existing terms and conditions established by the Franchise shall
remain in full force and effect and the City and the Franchisee
agree that this Resolution integrates all of the terms and
conditions mentioned herein or incidental with the Franchise.
SECTION 3. Neither the City nor the Franchisee waive or
alter any rights of renewal of the franchise, or rights to deny
renewal of the franchise, either party may have in law,
including, but not limited to the 1984 Cable Act.
SECTION 4. The City Clerk is directed to transmit a
certified copy of this Resolution to Adelphia Communications
Corporation, 1 North Main Street, Coudersport, Pennsylvania,
16915 -1141.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution and to cause a certified resolution to be filed
in the book of original Resolutions.
PASSED AND ADOPTED this 18th dAy of July, A00
ATTEST:
S. l
Deborah S. Traffenste City Clerk
atrick *nter, Mayor
Resolution No. 2001 -1870
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2001 -1870 was adopted by the
City Council of the City of Moorpark at a meeting held on the
18th day of July, 2001, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Mikos, Millhouse
NOES: None
ABSENT: Councilmember Wozniak and Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 2nd
day of August, 2001.
S
Deborah S. Traffenste , City Clerk
(seal)