HomeMy WebLinkAboutRES CC 2004 2178 2004 0421RESOLUTION NO. 2004 -2178
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
THE EXTENSION OF THE FRANCHISE TERM OF
THE MOORPARK 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 Moorpark 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 December 19, 2001 and
expired on June 30, 2002; and
WHEREAS, Section 626 of the Federal Cable
Communications Policy Act of 1984 (47 U.S.0 546) (the "1984
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 have been 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) year franchise
which began November 21, 1990 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 two (2)
months and nine (9) days, such that, as extended, the
Resolution No. 2004 -2178
Page 2
Franchise will expire on June 30, 2004. 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 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 bo(��f original resolutions.
PASSED AND ADOPTED this Alst da)/ of Apri1,,20(>4 .
trick Hunte
ATTEST:
Deborah AT�Aelte, City Clerk
Resolution No. 2004 -2178
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. 2004 -2178 adopted
by the City Council of the City of Moorpark at a regular
meeting held on the 21st of April, 2004, and that the same
was adopted by the following vote:
AYES: Councilmembers Harper,
Parvin and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Mikos, Millhouse,
WITNESS my hand and the official seal of said City this
7th day of May, 2004.
Deborah S. Traffenste , City Clerk
(seal)