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HomeMy WebLinkAbout05-100 CC Resolution RESOLUTION NO. 05-100 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: I Section 1. circumstances: A. Century-TCI California, L.P., dba Adelphia Cable Communications ("Adelphia"), is the authorized assignee of a cable television franchise agreement that is scheduled to terminate on December 31, 2005. B. Adelphia, through its bankruptcy proceedings, is requesting judicial approval for the sale of substantially all of its cable systems to other qualified cable operators. C. The City has determined that the pUblic interest would best be served by extending the duration of the cable television franchise agreement beyond the current expiration date of December 31,2005. Section 2. The nonexclusive cable television franchise agreement between the City of Temecula and Adelphia is extended until such time as a renewed cable franchise becomes effective, or until either party transmits a 30-day advance written notice to the other party of its intent to terminate the extension. This resolution is adopted in recognition of the following facts and Section 3. Neither the City Council's adoption of this resolution, nor the acceptance of this resolution by Adelphia, will be deemed to waive or alter any rights of renewal, whether formal or informal, that either party may have under 47 U.S.C. Section 546. Section 4. If the attached "Acceptance of Resolution" has been signed by an authorized representative of Adelphia prior to the City Council's adoption of this resolution, then this resolution will become effective on the date of its adoption. Otherwise, this resolution will become effective on the date that Adelphia signs the "Acceptance of Resolution." PASSED, APPROVED and ADOPTED this 27th day of September, 2005, by the following vote: ti Jeff'Comerchero, Mayor ATTEST: I [SEAL] , R:/Resos 2005/Rescs 05-100 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-100 was duly and regularly adopted by the City Council of the City of T emecula at a meeting thereof held on the 27th day of September, 2005, by the following vote: AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: o o COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None . Jones, MMC City Clerk R:/Resos 2005lResos 05-100 2 I I I The undersigned, who is an authorized representative of Adelphia Cable Communications, acknowledges and accepts the extension of the cable television franchise agreement that is authorized by this resolution. Century-TCI California, L.P., a Delaware limited partnership, d/b/a Adelphia Cable Communications By: Century-TCI California Communications, L.P., a Delaware limited Partnership, its General Partner, By: Century Exchange, L.L.C., a Delaware limited liability company, its General Partner, By: Century Cable Holding Corporation, a New York corporation, its Sole Member By: Name: R:/Resos 2005/Resos 05-100 3