CC Ordinance 2017
ORDINANCE NO. 2017
AN ORDINANCE OF THE CITY OF CAMPBELL APPROVING AN ADDENDUM
EXTENDING BY SIX MONTHS THE CABLE FRANCHISE WITH HERITAGE
CABLEVISION OF CALIFORNIA, INC. DBA AT&T BROADBAND
WHEREAS; the City of Campbell (hereinafter referred to as "City") entered into a
franchise agreement (hereinafter referred to as the "Franchise Agreement") on March 17,
1987 with Heritage Cablevision of California, Inc. dba AT&T Broadband (hereinafter
referred to as "Franchisee") granting a nonexclusive franchise to Franchisee to provide
cable television services;
WHEREAS; the Franchise Agreement provides that the franchise shall expire on
December 31,2001;
WHEREAS; franchise renewal discussions between Franchisee and the City are in
progress; and
WHEREAS; the terms of a new franchise and the approval process cannot be
finalized prior to the expiration of the existing franchise;
The City Council of the City of Campbell does ordain as follows:
Section One: An addendum to the Franchise Agreement as attached hereto is
approved, and may be executed by the Mayor.
Section Two: This ordinance shall become effective thirty days following its
passage and adoption and shall be published once within fifteen days upon passage and
adoption in a newspaper of general circulation in the City of Campbell, County of Santa
Clara.
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PASSED AND ADOPTED this ~ day of December, 2001 by the following vote:
AYES:
Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES:
Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
A2ZNLu~
Anne Bybee, City Clerk
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ADDENDUM TO NONEXCLUSIVE FRANCHISE AGREEMENT
WHEREAS; the City of Campbell (hereinafter referred to as "City") entered into a franchise
agreement (hereinafter referred to as the "Franchise Agreement") on March 17, 1987 with
Heritage Cablevision of California, Inc. dba AT&T Broadband (hereinafter referred to as
"Franchisee") granting a nonexclusive franchise to Franchisee to provide cable television
services;
WHEREAS; the Franchise Agreement provides that the franchise shall expire on January
1, 2001;
WHEREAS; Ordinance No. 1997, approved by the City Council on December 11, 2000,
approved an addendum to the Franchise Agreement, extending the Agreement by six months;
and
WHEREAS; Ordinance No. 2006, adopted by the City Council on June 5, 2001, approved
a second addendum to the Franchise Agreement, extending the Agreement by six more months;
and
WHEREAS; franchise renewal discussions between Franchisee and the City are in
progress; and
WHEREAS; the terms of a new franchise and the approval process cannot be finalized
prior to the expiration of the existing franchise;
NOW, THEREFORE, for and in consideration of each other's mutual promises,
Franchisee and City agree that the term of the franchise as set forth in the Franchise Agreement
shall be extended to June 30, 2.002, subject to all other terms and conditions of the Franchise
Agreement. This extension shall not constitute a waiver of any rights the City or Franchisee may
have under (i) the Franchise Agreement, as amended; (ii) the City Code; (iii) the Cable
Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection
Act of 1992 and the Telecommunications Act of 1996; or (iv) any other law; provided, however,
that because Franchisee has already initiated the formal renewal process and that process
remains underway, the grant of this extension does not entitle Franchisee to reinitiate the renewal
process or to any further period beyond the term of this extension.
HERITAGE CABLEVISION OF CALIFORNIA
DBA A T& T BROADBAND
Dated:
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By:
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CITY OF CAMPBELL
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c/ Mat1;h~w Dean, Mayor
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