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HomeMy Public PortalAbout97-042 (04-01-97)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. 97-42 A RESOLUTION OF THE CTI'Y OF LYNWOOD EXTENDING THE TERM OF A FRANCHISE WTI'H AMERICAN CABLESYSTEMS OF CALIFORNIA, INC. PENDING COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL , WHEREAS, American Cablesystems of California, Inc., dba Continental Cablevision ("Franchisee") is the duly authorized holder of a franchise ("Franchise") that authorizes the operation and maintenance of a cable television system within the City of Lynwood ("the City"); and WHEREAS, the City's Franchise with Franchisee was granted on October 15,1981 and was due to expire on October 14, 1996; and WHEREAS, the Lynwood City Council by Resolution #96-155 extended the existing cable franchise agreement for six months on October 1, 1996; and WHEREAS, the six month extension is due to expire on April 14, 1997, however the cable franchise renewal negotiations are angoing and due to be completed September 1997; and WHEREAS, Section 626 of the Federal Cable Communications Policy Act of 1984 (47 U.S.C 546) (the "1984 Cable Act"), establishes provisions concerning the renewal of cable television franchises by franchise authorities; and ' WHEREAS, the City and the Franchisee mutually agree that they will be unable to complete renewal negotiations by the ex[ension date of April 14, 1997; and WHEREAS, it is considered to be in the best interest of the City, the Franchisee, and cable system subscribers to extend the Franchise term pending completion of the renewal negotiations. NOW THEREFORE, THE CTI'Y COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1. The fifteen (15) yeaz Franchise which began October 15, 1981, by and between the City and Franchisee, as amended, is hereby further amended to extend its term for an additional six (6) month period, such that, as extended, the Franchise will expire on January 14, 1998. 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 will expire and the new franchise will become effec[ive on the da[e specified in the new franchise agreement. Section 2. Except as amended by this extension of the term, all existing terms and conditions established by the Franchise wil] remain in full force and effect. ~ 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 that, either party may have in law including, but not limited [o, the 1984 Cable Ac[. ' , IL~ Section 4. The City Clerk is directed to transmit a certified copy of this resolution to Mr. Jeremy H. Stern, Vice President of Corporate and L.egal Affairs, Continental Cablevision, Inc., 550 North Continental Boulevazd, Suite 250, El Segundo, California, 90245. Section 5. The City Clerk is directed to certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED THIS lst DAY OF Aori 1 ] 997. ' PAUL H. RICHARDS, II MAYOR ATTEST: ~~~,~P.~.e.,~, ~s~4~-.~ Andrea L Hooper, City Clerk APPROVED AS TO FORM: ~-1~,~,,.:. a ~.a..~. City Attorney APPROVED AS TO CONTENT: Fausti onzales ~ City Manager