HomeMy WebLinkAboutRES CC 2001 1930 2001 1219RESOLUTION NO. 2001 -1930
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, extended on July 18, 2001 and will expire on
December 31, 2001; 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 June
30, 2002; 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) 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 June 30, 2002.
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 expire and the new
Resolution No. 2001 -1930
Page 2
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 shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 19th day /o-f)December,__§ 0 0 Y.
ATTEST:
Deborah S. Traffenstadt, City Clerk
trick Hunter, Mayor
Resolution No. 2001 -1930
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
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 -1930 was adopted by the
City Council of the City of Moorpark at a regular meeting held on
the 19th day of December, 2001, and that the same was adopted by
the following vote:
AYES: Councilmembers Harper, Mikos and Wozniak
NOES: None
ABSENT: Councilmember Millhouse and Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th
day of February, 2002.
Deborah S. Traffenste t, City Clerk
(seal)