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HomeMy WebLinkAbout2176 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 2176 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 2176 2 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. 2176 3 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 2176 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 5 2176