CC Resolution No. 9498RESOLUTION NO. 9498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN TCI CABLEVISION
OF CALIFORNIA, INC. AND THE CITY OF CUPERTINO FOR THE
OPERATION AND MAINTENANCE OF A CABLE TELEVISION SYSTEM
WHEREAS, pursuant to California Government Code Section 53055 and the
Cable Television Consumer Protection and Competition Act of 1992, 42 U.S.C., sections
521 et seq. ( "Cable Act'), the City is authorized to grant or renew a franchise for the
installation, operation and maintenance of a cable system within the city's boundaries;
and
WHEREAS, TCI Cablevision of California, Inc. ( "Grantee') currently maintains
and operates a cable system in the city pursuant to City Ordinance No. 930 and a
Franchise Agreement entered into on October 14, 1980,; at which time Grantee was
incorporated as "United Cable Television of California, Inc. "; and
WHEREAS, the City and Grantee have negotiated the terms of a franchise
renewal agreement, as contained in this document, in accordance with the requirements of
applicable law. Grantee has agreed to comply with the provisions of Chapter 6.28 of the
City's Municipal Code entitled "Cable Television Franchise Regulations" ( "Cable
Ordinance'), which was amended by city Ordinance No. 1703; and
WHEREAS, Grantee has proposed a renewal of its nonexclusive franchise,
offering to upgrade its cable system and to provide improved services to the City, public,
educational and governmental facilities and cable customers.
NOW, THEREFORE, BE IT RESOLVED that the City has reviewed the present
and future cable- related needs of the City and its residents as well as Grantee's record of
service, ability to carry out its obligations under this Franchise, including its financial,
le ,al and technical qualifications to hold a City franchise. The City hereby finds that it
would serve the public interest to renew its franchise with Grantee subject to the terms
and conditions set forth in this Franchise and in the Cable Ordinance. Grantee voluntarily
agrees to accept a renewed franchise under those terns and conditions.
BE IT FURTHER RESOLVED, that the City Manager and the City Clerk are
hereby authorized to execute the agreement herein referred to on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of November, 1995, by the following vote:
t
Resolution No. 9498
Page 2
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City ofiVupertino