HomeMy WebLinkAboutRES CC 2004 2222 2004 0721RESOLUTION NO. 2004 -2222
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, an interim extension of the franchise agreement to
June 30, 2004 was approved on April 21, 2004; and
WHEREAS, the City and the Franchisee mutually agree that
they may be unable to complete renewal negotiations before July
31, 2004; 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
such that, as extended, the Franchise will expire on September
Resolution No. 2004 -2222
Page 2
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
certified copy of this Resolution
Corporation, 1 North Main Street,
16915 -1141.
SECTION 5. The City Clerk
this resolution and to cause a
in the book of original resoluti
PASSED AND ADOPTED this 2
ATTEST:
is directed
to Adelphia
Coudersport,
to transmit a
Communications
Pennsylvania,
shall certify to the adoption of
certi€ d resolution to be filed
S.
Deborah S. Traffensttat, City Clerk
Resolution No. 2004 -2222
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. 2004 -2222 adopted by the City
Council of the City of Moorpark at a regular meeting held on the
21st day of July, 2004, and that the same was adopted by the
following vote:
AYES:
Councilmembers Harper,
Hunter
NOES:
None
ABSENT:
Councilmember Millhouse
ABSTAIN:
None
Mikos, Parvin and Mayor
WITNESS my hand and the official seal of said City this 28th
day of July, 2004.
Deborah S. Traffenste City Clerk
(seal)