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HomeMy Public PortalAbout98-068 (04-07-98)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. 98-68 A RESOLUTION OF THE CITY OF LYNWOOD EXTENDING THF, TERM OF A FRANCHISE WITH AMERICAN CABLESYSTEMS OF CALIFORNIA, INC. PENDING COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL ' WHEREAS, American Cablesystems of California, Inc., Media One ("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, for nine months on April 1, 1997, by Resolution # 97-42 and for four months on January 6, 199R by Resolution #98-2; and WHEREAS, the four month extension is due to expire on Aprii 14, 1998, however the cable franchise renewal negotiations are ongoing and due to be completed before June 1998; and WHEREAS, Section 626 of the Federal Cable Communications Policy Act of , 1984 (47 U.S.C 546) (the "1984 Cable AcP'), establishes provisions conceming 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 extension date of April 14, 1998; 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 comp(eti<~n of the renewal negotiations. NOW THEREFORE, THE CITY 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 two (2) month period, such that, as extended, the Franchise will expire on June 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 ef~'ective on the date 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 will 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 to, the 1984 Cable Act. ti The City Clerk is directed to transmit a certified copy of this resolution to Mr. Jeremy H. Stem, Vice President of Corporate and Legal Affairs, Continental Cablevision, Inc., 550 North Continental Boulevazd, Suite 250, EI 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 7th DAY OF Apri 1 > 1998. ^ D ~ 1 ARM O REA, MAYOR ATTEST: ~y~~ ~, ~(~'~.~a~cJ Andrea L Hooper, City C erk APPROVED AS TO FORM: ~ cuta~ ~ City Attorney APPROVED AS TO CONTENT: Ct ~ Fau~t i Gon a{e~ City Manager STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby ceritfy that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a re9ular meeting held on the 7th day of April, 1998. AYES: COUNCILMEMBER SANCHEZ, BYRD, REYES, RICHARDS, REA NOES: NONE ABSENT: NONE CS~~~~ ~f ~ ~~~~ City Clerk, City of Lynw od STATE OF CALIFORNIA ) 4 COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 98-68 on file in my office and that said resolution was adopted on the date and by the vote therein ated. Dated this 7th day of April, 1998. ~ City Clerk