Resolution Number 93-12-7-4237
RESOLUTION NO. 93-12-7-4
' APPROVING THE EXTENSION OF THE EXISTRUG 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 120
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 Minor 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 one hundred and twenty (120) 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
Mirror Cable by said franchise extension other than the extended right to construct and operate a cable television
system until April 22, 1994.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
' Capistrano as follows:
SECTION L
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 one hundred and twenty (120) days and expires by its terms, without further action of
any party, on midnight, April 22, 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 Mirror Cable intend and agree that this extension will not in any other way amend,
modify, increase, or otherwise affect the rights possessed by Times Mirror Cable under said franchise with the
exception of those amendments and modifications expressly contained herein.
F1 ry��
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 Minor 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
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in its written acceptance of this extension shall render said extension null and void without further action of the
parties.
;W •
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 April 24, 1994.
SECTION 6.
The above recitals are all true and correct.
PASSED, APPROVED, AND ADOPTED this 7th day of December
K9A
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. 93-12-7-4
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 7th day of December _, 1993, by the following vote:
AYES: Council Members Jones, Nash and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Members 11ausdorfer and Vasquez
(SEAL)
CHERYL JOHNS N, ITY CLERK
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