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Ordinance 1999-09ORDINANCE NO. 99-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING A SIX MONTH EXTENSION OF THE NON-EXCLUSIVE CABLE FRANCHISE GRANTED TO FALCON CABLE SYSTEMS COMPANY, L.P. WHEREAS, Falcon Cable Systems Company, L.P. held a non-exclusive franchise ("Franchise") for the construction and operation of a cable television system within the City of Gilroy ("City") granted pursuant to Ordinance No. 84-6 adopted on April 16, 1984, for a fifteen year period commencing on the effective date of said Ordinance, May 15, 1984, provided the franchisee submitted a written acceptance thereon prior to May 15, 1984; and WHEREAS, said Franchise was transferred to Falcon Cable Systems Company II, L.P. pursuant to Ordinance No. 96-17, and further transferred to Falcon Communications, L.P. ("Falcon") pursuant to Resolution No. 98-57; and WHEREAS, Falcon has requested that the Franchise to provide cable service in the City be renewed; and WHEREAS, the City and Falcon are currently engaged in the Franchise renewal process; and WHEREAS, the City is willing to extend the Franchise for six months while it processes the renewal request so long as Falcon abides by the terms and conditions of the existing Franchise, the Gilroy City Code, and all other relevant laws and regulations during such extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: ~KHm44S082.0~ - 1- 92-052704706002 ORDINANCE NO. 99-9 Section 1. The Franchise rights granted pursuant to Ordinance 84-6, and thereafter transferred to Falcon Cable Systems Company II, L.P. pursuant to Ordinance No. 96-17, and thereafter transferred to Falcon pursuant to Resolution No. 98-57, are hereby extended from the date of expiration of the Franchise until the earlier of: (i) the date a new or amended franchise is granted by the City to Falcon, or (ii) November 15, 1999. Section 2. Under the extmasion grmated herein, Falcon shall be obligated to perform and comply with all ternas, conditions, requirements and limitations contained in Ordinance No. 84-6, Ordinance No. 96-17, including the associated Transfer Agreement, Resolution No. 98-57, including the associated Transfer Agreement, and the Gilroy City Code, and all other relevant laws and regulations. PASSED AND ADOPTED this 21st day of June, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SUDOL, GILROY NOES: COUNCILMEMBERS: SPRINGER ABSENT: COUNCILMEMBERS: GI]TFORD ATTEST Rhonda Peltin, City Clerk APPROVED: K. A. Mike Gilroy, Mayor \KHM\446082.01 -2- 92-052704706002 ORDiNANCE NO. 99-9 I, Pd-IONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of June, 1999, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 1999. City Clerk of the City of Cdlroy (Seal)