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HomeMy Public PortalAbout98-148 (08-21-98)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 ,a 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 Citv 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 WI IEREAS, the Lynx ood :.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 b Resolution #98'2, for two months on April 7, 1998 by Resolution #98 -68, and for three months on June ?, 1998 by Resolution #98 =102; and WHEREAS, the three month extension is due to expire on September 14, 1998, however the cable franchise renewal negotiations are ongoing and due to be completed before December 1998; and. WHEREAS, Section 6�6 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 extension date of September 14, 1.998; and j 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.CITY COUNCIL OF THE CITY OF.LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1. The fifteen (15) year Franchise which began October 15, 1-981, by and between the City and Franchisee, as amended, is hereby further amended to extend its term for an additional three (3) month period, such that, as extended, the Franchise will. expire on December 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 w111 expire and the new Franchise will, become effective on the date specified in the new franchise agreement. Section ?. Except as amended by this extension of the term, all existing teens and conditions established by the Franchise will remain in full force and effect. Section 3. Neither the Citv 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. 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 Legal Affairs, Continental Cablevision, Inc., 550 North Continental Boulevard, Suite 250 El Segundo, California, 90245. STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES. ) Z', the undersigned, hereby certify that the�fo by the City Council of the on the 21st day of August, City Clerk of the City of Lynwood, do regoing resolution was passed and adopted City of Lynwood at a special meeting held 1998. AYES: COUNCILMAN BIyRb, $FIEFS, RZCHARUS, SANCHEZ, RFA NOES: NONE ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) Z, 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 -148 on file in my office and that said resolution was adopted on the date and by the vote therein stated. ;bated this 21st day of August, 1998. C City Clerk