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ORDINANCE NO. 2176
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING
APPRO V AL OF A THREE- YEAR TERM
EXTENSION TO ADELPHIA COMMUNICATIONS
CORPORATION, PURSUANT TO SECTION 4 OF
THE CABLE TELEVISION FRANCHISE
AGREEMENT (ORDINANCE NO. 2084) AND
AMENDING SECTION 3(A) OF THE FRANCHISE
ACCORDINGL Y
WHEREAS, on or about June 9, 1998, the Arcadia City Council adopted
Ordinance No. 2084 authorizing the City of Arcadia to enter into an agreement
granting a nonexclusive franchise to Cablevision of Arcadia / Sierra Madre, Inc.
("Cablevision") to operate a cable television system in the City and setting forth
conditions accompanying the granting of the franchise (the "Franchise"); and
WHEREAS, on or about September 7, 1999, the Arcadia City Council
approved a transfer of the Franchise from Cablevision to Century- TCI California,
L.P., pursuant to Resolution No. 6134; and
WHEREAS, on or about November 3, 1999 the City Council approved a
transfer of the Franchise to Adelphia Communications Corporation; and
WHEREAS, pursuant to Section 4 of the Franchise, a three (3) year
extension shall be granted by the City of Arcadia upon the successful completion
and activation of the items described in Sections 15(a) and 15(b) of the Franchise;
and
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WHEREAS, on or about March 20, 200 I, the Arcadia City Council held a
duly noticed public hearing and deternlined that Adelphia had successfully met the
requirements of Section 15(a) and Section 15(b) of the Franchise.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION I. Pursuant to Section 4 of Ordinance No. 2084, the City
grants Adelphia Communications a three (3) year extension of the Franchise
(Ordinance No. 2084).
SECTION 2.
Section 3(a) of Ordinance No. 2084 is hereby amended
in its entirety to read as follows:
"(a) The term of this Franchise shall commence upon
June 9, 1998 and shall remain in effect for ten (10) years
to June 9, 2008. The Effective Date shall be the date the
Certificate of Closing (described below) is issued by the
City Attorney. Upon and following, this Franchise
Agreement will be a binding agreement, with all rights
and privileges vested in the Grantee as described herein."
SECTION 3.
Following the effective date of this Ordinance, the City
Manager or his designee is hereby directed to issue a letter to Adelphia advising
Adelphia that the term of the Franchise is hereafter extended pursuant to this
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Ordinance.
SECTION 4. The provisions of this Ordinance are hereby expressly
made severable. If any provision(s) of this Ordinance or its application to any
person, material, place or circumstance is held to be invalid, that invalidity shall
not affect other provisions or application of this Ordinance which can be given
effect without the invalid provision or application.
SECTION 5.
The City, as the lead agency under CEQA, determines
that this Ordinance is exempt from any further environmental review pursuant to
State CEQA Guidelines section l5378(b) because the Ordinance constitutes a
continuing administrative activity of government and is therefore not a "project"
within the meaning of CEQA. Therefore, City staff is hereby directed to file a
notice of exemption within three (3) business days following the adoption of this
Ordinance.
SECTION 6.
The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in the official
newspaper of said City within fifteen (15) days after its adoption. The Ordinance
shall take effect thirty-one (31) days after its enactment, in accordance with the
provisions of California law.
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Passed, approved and adopted this 4th
ATTEST:
_ /'<-7.' ,,(p(~. <""~
'tY Clerk of the" it)' of Are:adia
APPROVED AS TO FORM:
~p~
City Attorney
4
day of November, 2003.
ayor of the City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the
foregoing Ordinance No.2 1 76 was passed and adopted by the City Council ofthe City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 4th day of November, 2003 and that said Ordinance was
adopted by the following vote, to wit:
A YES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
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