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HomeMy Public PortalAbout98-214 (12-09-98)C ~ Y HT ®~ .l1 H 1~ . • O®1LJ LOS AIIiGEI,1ES COIJI,1~'~', Ct~L~FORI\l~A I2 )ES®.I,LT'i'I Ol~i 1~1®# 98.214 A RESOLUTION OF THE CITY OF LYI~1WOOD EXTENDING THE TERM OF A FRANCHISE WITH AMERICAN CABL,ESYSTEM5 OF CALIFORNIA, INC. '~~ PENDINC7 COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL WHEREAS, American Cablesystems of California, Inc., Media One ("Franchisee") is the duly authorized holder of a franchise ("Franc;hise") that authorizes the operation and. nlaiiltenance of a cable television system~within the City of Lynwood ("the Cit~°");and WHEREAS, the City's Francl^iise and Ft~~nchisee was granted October 15, 1981, and cvas due to e,~pire on October 14, 1996; and WHEREAS, the Lynwood City Council by Resolution #96-1.55 extended the existing.cable franchise agreement for six. months on October 1, 1.996, for nine months on April 1, 1997, by Resolution #97-42, l~or four months on January 6, 1998 by Resolution #98-2, for t~vo months on April 7, 1998 by Resolution #98-68, for tlu-ee months on June 2, 1998 by Resolution #98-102, and for three months on August 21, 1998 by Resolution #98-148; and. WHEREAS, the tluee month extension is due to expire on December 14, 1998, however the cable franchise renewal process will not be completed until January 19, 1999; and WHEREAS, Section 626 of the Federal Cable Communications Policy Act of .1.984 (47 U.S:C. 546) (the "1984 Cable Act"), establishes provisions concerning the rene«-a1 of cable television franchises by franchise authorities; and- WHEREAS, the City and the Franchisee mutually agree that they will be unable to complete cable franchise renewal process by the extension date of December 14, 1998; and WHEREAS, it is considered to be in the best interest of the City, the Franchisee, and cable system subsc~7bers to extend tl~e Franchise term pending completion of the rene«,~al process. NOW TI-IEREFORE, THL. CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1. The fifteea~ (15) year Franchise «~hich began October 15, 1981, by and between t1~e City and Franchisee, as amended, is herebt% further amended to extend its term until January 19, 1.999. Section ?. Except. as amended by this extension of the ten~1, all existing terms a~~d conditions established by the Franchise will remain in full force and effect. Section 3. Neither the City nor the Franchise w~uve or alter any rights ol- rene~val 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 tq 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. Tlie City- Clerl~ is directed to certifyr to the passage a:t~tl adoption cif this i-esoltttion. ' PASSED, APPROVED AND ADOI''TED THIS 9th. DAY OF becember ' 1995. j_ ~~ 4, R[ A~iriCHEZ, MAYOR ,~ ~ , ATTEST , Andrea L. Hooper, City Clerk APPROVED AS ~ FORM: APPROVED AS TO CON'T'ENT: Cit<~ Attop-~ie ' ~ _ y Ralph L~~ vis, III . ' Interim Litt- M~ugager