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HomeMy WebLinkAbout05-036 CC Resolution I I I RESOLUTION NO. 05.36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO DECEMBER 31, 2005, TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: Section 1. This resolution is adopted in recognition of the following facts and circumstances: A. Century-TCI California, L.P., dba Adelphia Cable Communications ("Adelphia"), is the authorized assignee of a cable television franchise agreement that was originally scheduled to terminate on January 9, 2004. B. The City and Adelphia agreed to extend the term of the cable television franchise agreement for an additional six (6) month period through June 30, 2004, and again extended the term through March 31, 2005, to facilitate franchise renewal negotiations. C. Adelphia, through its bankruptcy proceedings, is exploring the potential of selling all or part of its cable systems to other qualified cable providers. D. The City and Adelphia desire to extend the term of the existing franchise agreement an additional nine (9) months through December 31, 2005, in order determine what entity may ultimately provide service within the City and to continue the negotiation process when that determination has been made. Section 2. An extension of the cable television franchise agreement through and including December 31, 2005, is hereby authorized, and the City Manager is authorized to continue negotiations with Adelphia's representatives for the renewal of the cable television franchise agreement on terms that are mutually acceptable to both parties. Section 3. This resolution will become effective on the date that an authorized representative of Adelphia executes the form of acceptance and acknowledgement that is set forth at the end of this resolution. R:/Resos 200S/Resas 05-36 I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22nd day of March, 2005. ATTEST: ~ [S~AL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-36 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of March, 2005, by the following vote: I AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None I R:/Resos 200S/Resos 05-36 2 I APPROVED AS TO FORM: w: ~ Jeff Comerchero, Mayor 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, I By: Century Exchange, L.L.C., a Delaware limited liability company, its General Partner, By: Century Cable Holding Corporation, a New York corporation, ::S~Q$ [~ Name: Thomas E. Carlock Title: Vice President '-f / I3/Q~ . I Dated: I R:/Resos 2005/Resos 05-36 3