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HomeMy Public PortalAbout1999.033A (03-16-99)CITY OF LYNWOOD LOS ANGLES COUNTY, CALIFORNIA. RESOLUTION NO# 99.33A A RESOLUTION OF THE CITY OF LYNWOOD EXTENDING THE 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 - ~p ("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 and Franchisee was granted 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; for four months on January 6, 1998, by Resolution #98-2; for two months on April 7, 1998 by Resolution #98-68, for three months on June 2, 1998, by Resolution #98-102; for three months on August 21, 1998, by Resolution #98-148; for two months on December 9, 1998 by Resolution#98-214; and for one and one-half months by Resolution #99-13; and., WHEREAS, the period for the extension is due to expire on March 16, 1999, however the cable franchise renewal process will not be completed by this date; 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 the cable franchise renewal process by the extension day of March 16, 1999; and WHEREAS, it is considered to be in the best~interest of the City, the Franchisee, and cablesystem subscribers to extend the Franchise term pending completion of the renewal process. NOW THEREFORE, THE CITY COUNCII. OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1. The fifteen~(15) year Franchise which began October 15, 1981, by and between the City and Franchisee, as amended, is hereby further amended to extend its term until June 1, 1999. 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 Franchise 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. i Section 4. The City Clerk is directed to transmit a certified copy of the resolution to Mr. Jeremy H. Stern, Vice President of Corporate and Legal Affairs, Continental Cablevision, Inc., 550 North Continental Boulevard, 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`D 6~' DAY 1 ~ ch, 1999. ~.. RI ! AR150 SANCHEZ, MAY EST o~ ~;~~ Andrea L. Hooper, City Clerk APPRO AS TO FORM: - APPRO D AS TO CONTENT: Ci A orney Ralp .Davis, Interim City Manager STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, the undersigned, City C1erI: of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16`h day of March, 1999. AYES: COUNCILMEMBER BYRD, REA, REYES, RICHARDS, SANCHEZ NOES: NONE ABSENT: NONE STATE OF CALIFORNIA COUNTY OF LOS ANGELS ~~~ ~ ~~~ City Clerk, City of Lynwood ' 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 99.34A No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 16'a day of March, 1999. > ~~ ~. City Clerk ' -- 4 ,~