Loading...
HomeMy WebLinkAboutCC Res 5616 2007-10-22Motion Failed RESOLUTION NUMBER 5616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND TIME WARNER NY CABLE, LLC, dba TIME WARNER CABLE, TO JANUARY 2, 2008 THE CITY COUNCIL OF THE CITY OF SEAL BEACH RESOLVES AS FOLLOWS: Section 1. This resolution is adopted in recognition of the following facts and circumstances: A. Time Warner NY Cable LLC is a wholly -owned subsidiary of Time Warner Cable ( "Time Warner Cable ") and is the authorized transferee of a nonexclusive Cable Television Franchise Agreement ( "Franchise Agreement "). B. In accordance with the provisions of the Franchise Agreement, the Franchise Agreement will terminate on December 10, 2007. C. In view of the availability to Time Warner Cable of a state video franchise under the provisions of the Digital Infrastructure and Video Competition Act of 2006 that became effective on January 1, 2007, the City has determined that the public interest will best be served by extending the term of the Franchise Agreement until such time as a renewed Franchise Agreement becomes effective, or January 2, 2008, whichever may occur first. Section 2. The Franchise Agreement between the City of Seal Beach and Time Warner Cable is terminated on such date that a renewed Franchise Agreement becomes effective, or on January 2, 2008, whichever may occur first, at which time the Franchise Agreement is terminated in its entirety. Section 3. The City Council's adoption of this resolution will not 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. The City Clerk is directed to certify to the passage and adoption of this resolution and to transmit a copy of this resolution to the District Manager of Time Warner Cable. WAS NOT PASSED, APPROVED OR ADOPTED by the City Council of Seal Beach, at a regular meeting held on th 10th day of December 2007 by the following vote: AYES: cot NC�- MEMBERS_ NOES: ABSENT: ABST [ Mayor ATTEST: City Clerk Resolution Number 5616 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5616 on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 10th day of December 2007. ityderk PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above - entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583: that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wait: ILC all in the year 2007. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, is�day of 1D,1 � , 2007. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430 -7555 This space is for the County Clerk's Filing Stamp Proof of Publication of ..00* 0000000 ... 0.0..N.MN.0000000....M....* F PUBLIC" 11rz9rz07. . n l