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RESOLUTION NO. 6499
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA,
CONDITION ALL Y APPROVING AN OPEN VIDEO
SYSTEM (OVS) AGREEMENT WITH CHAMPION
BROADBAND, LLC, A WYOMING LIMITED
LIABILITY COMPANY
RECITALS:
A. On May 5, 2005, the City of Arcadia ("City") received from
Champion Broadband, LLC, a Wyoming limited liability company ("Champion")
an application (the "Application") for the approval of an open video system (OVS)
agreement, in order to officially take over the existing cable franchise agreement
entered into between the City of Arcadia and Altrio Communications, Inc.; and
B. In accordance with Section 54 of City of Arcadia Ordinance No. 2206
(the "Telecommunications Ordinance"), the City has the right to require any entity
that wishes to operate an open video system utilizing the City's rights of way to
enter into an OVS agreement; and
C. Pursuant to Section 1303 of the City of Arcadia Charter, the City
Council of the City of Arcadia has, on November 15, 2005, declared its intention to
conduct a public hearing, following which the City Council has considered the
proposed OVS agreement with Champion, at which time all persons wishing to be
heard were afforded an adequate opportunity to be heard; and
D. The City Council has thoroughly considered the terms of the proposed
OVS agreement and hereby finds and declares as follows:
1. There will be significant positive impact on the community
being served,
2. There will not be any unreasonable adverse economic or
aesthetic impact upon public or private property within the area.
3. There will not be any unreasonable disruption or inconvenience
to existing users, or any adverse effect on future use, of utility
poles, public easements, and the public rights-of-way contrary
to the intent of Section 767.5 of the Public Utilities Code.
4. The Applicant has the technical and financial ability to perform.
5. There will not be any impact on the City's interest in having
universal cable service.
6. Other societal interests generally considered by franchising
authorities will be met.
7. The operation of the OVS, in addition to the existing cable
television system in the community, is economically feasible,
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E. The City has reviewed the documentation that accompanied the
Application and, based upon the representations set forth in that documentation,
has concluded that Champion has the requisite technical and financial
qualifications to adequately perform, or to ensure the performance of, all
obligations under the proposed OVS Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION I.
In
accordance
with
Section
54
of the
Telecommunications Ordinance, the City hereby approves that certain Open Video
System Agreement between the City of Arcadia, a municipal corporation of the
State of California, and Champion Broadband California, LLC, a Wyoming limited
liability company, which agreement is attached hereto and incorporated by
reference herein.
SECTION 2.
The adoption of this Resolution is not a "project" for
purposes of the California Environmental Quality Act (Public Resources Code, SS
21000 et seq.), pursuant to Section 15378(b)(2) of Title 2 of the California Code of
Regulations, as this Resolution pertains to continuing administrative or
maintenance activities, such as general policy and procedure making and because it
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6499
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can be seen with certainty that there is no likelihood that this Resolution would
have any effect on the environment. City staff are authorized and directed to
prepare, execute, and file a Notice of Exemption pursuant to the above findings,
SECTION 3.
The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 6th day of December
,2005.
Ma or of the City of Arcadia
ATTEST:
~/M
. Ci~Y CI"k
"----
APPROVED AS TO FORM:
~r.i~
Stephen P. Deitsch
City Attorney
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6499
'.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No, 6499 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 6th day of December, 2005 and that said
Resolution was adopted by the following vote, to wit:
A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
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6499