Resolution Number 94-4-19-2fiPA
RESOLUTION NO. 94-4-19-2
' 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 90 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 ninety (90) 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.
I 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 ninety (90)
days and expires by its terms, without further action of any party, on midnight July 22, 1994.
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 be in any other way amend, modify, increase, or otherwisSe
affect the rights possessed by Times Mirror Cable under said franchise with the exception of those amendments and modifications
expressly contained herein.
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 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.
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SECTION 5.
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 22,
1994.
SECTION 6.
The above recitals are all true and correct.
PASSED, APPROVED, AND ADOPTED this 19th day of April 1994.
LENE CA ELL
ATTEST:
CITY CLERK
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 -4-19 - 2 adopted by the City Council of the City
of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of April 1994,
by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 1,/�
CHERYL JOHNSON( -CITY CLERK
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