Resolution Number 94-9-20-6214
RESOLUTION NO. 94-9-20-6
I
APPROVING THE EXTENSION OF THE EXISTING FRANCHISE
OF TIMES MIRROR CABLE TELEVISION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF
TIMES MIRROR CABLE TELEVISION OF ORANGE COUNTY, INC., FOR 30
DAYS SUBJECT TO CERTAIN TERMS AND CONDITIONS
WHEREAS, Times Mirror Cable Television of Orange County, Inc. ("Times Mirror
Cable") possesses a franchise to construct and operate a cable television system in the City of San
Juan Capistrano which expires on or about December 23, 1993; and,
WHEREAS, Times Mirror Cable has submitted an application to the City of San
Juan Capistrano to renew its cable television franchise; and,
WHEREAS, the City Council of the City of San Juan Capistrano has determined that
it would be in the public interests to extend said franchise for a period of thirty days subject
to certain terms and conditions in order to allow continuity of service; and,
WHEREAS, the City of San Juan Capistrano does not intend to create any right in
Times Minor Cable by said franchise extension other than the extended right to construct and
operate a cable television system until October 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
The franchise to construct and operate a cable television in the City of San Juan
Capistrano, granted to Times Mirror Cable pursuant to Ordinance No. 149, as amended by Ordinance
No. 528, is hereby extended for a period of thirty days and expires by its terms, without further
action of any party, on midnight October 21, 1994.
SECTION 2.
With the exception of the provisions of Sections 1 and 5 of this Resolution, the City
of San Juan Capistrano and Times Minor Cable intend and agree that this extension will not in any
other way amend, modify, increase, or otherwise affect the rights possessed by Times Minor Cable
under said franchise with the exception of those amendments and modifications expressly contained
herein.
215
SECTION 3.
The extension granted by this Resolution shall not take effect until Times Mirror
Cable, in a form acceptable to the City Attorney of the City of San Juan Capistrano, approves and
accepts this extension.
SECTION 4.
As a term and condition of said acceptance, Times Mirror Cable shall agree, and this
extension shall be so conditioned, that said extension does not constitute a new franchise, a renewed
franchise, or in any way increase or modify the ability of Times Mirror Cable, or any related entity,
to claim any rights pursuant to Section 626 of the Cable Communications Policy Act of 1984. The
failure of Times Mirror Cable to so certify in its written acceptance of this extension shall render said
extension null and void without further action of the parties.
The parties agree that if and to the extent the City and Times Mirror Cable agree upon
a franchise renewal, the franchise fee percentage contained in said renewed franchise agreement shall
apply and be collected by the City as of July 14, 1994.
ATTEST:
SECTION 6.
The above recitals are all true and correct.
PASSED, APPROVED, AND ADOPTED this Q day of September 1994.
Z'✓✓.l/�
CO E CA PBELL, MAYOR
216
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-9-20-6
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 20th day of September 1994, by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, CCLERK