Ordinance 1999-21ORDINANCE NO. 99-21
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GILROY GRANTING AN 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 further transferred to Charter Communications
Holding Company, L.L.C. pursuant to Resolution 99-85; and
WHEREAS, Falcon has requested that the Franchise to provide cable service in the City
be renewed; and
WHEREAS, the term of the original Franctfise Agreement expired during the course of
negotiations between the City and Falcon to renew the Franchise Agreement; and
WHEREAS, the City extended the Franchise with Falcon for an additional six months
pursuant to Ordinance No. 99-9 while it continued negotiations on Falcon's application for a
renewal of its franchise; and
WHEREAS, the ordinance extending Falcon's Franchise Agreement with the City was
due to expire on the earlier of: (i) the date a new or amended franchise was granted by the City to
Falcon, or (ii) November 15, 1999; and
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91-110804706002 ORDINANCE NO. 99 21
WHEREAS, the Council is scheduled to take action on the Franchise Agreement on
November 22, 1999, following a special public hearing on the matter, one week after the
extension of the original Franchise terminates; and
WHEREAS, the public welfare requires the City to have in effect at all times a valid
Franchise Agreement for the delivery of cable television services to the residents of the City of
Gilroy; and
WHEREAS, the City is willing to extend the Franchise until the earlier off (i) the
effective date of a new or amended franchise agreement with Falcon, or (ii) January 6, 2000, 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, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
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, and thereafter extended until
November 15, 1999, pursuant to Ordinance No. 99-9, and thereafter transferred to Charter
Communications Holding Company, L.L.C. pursuant to Resolution 99-85, are hereby extended
from November 15, 1999, until the earlier off (i) the effective date of a new or amended fi:anchise
agreement with Falcon, or (ii) January 6, 2000.
Section 2. Under the extension granted herein, Falcon shall be obligated to perform
and comply with all terms, conditions, requirements and limitations contained in Ordinance No.
84-6, Ordinance No. 96-17, including the associated Transfer Agreements, Resolution No. 98-57
and Resolution 99-85, the Gilroy City Code, and all other relevant laws and regulations.
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91-110804706002 ORDINANCE NO. 99 2 1
Section 3. This Ordinance, pursuant to Gilroy City Charter, Article 6, Section 602, is
hereby declared by the City Council to be necessary as an emergency measure and shall take
effect immediately and be in full fome and effect upon its adoption because the City Council
cannot consider the renewal of Falcon's Franchise Agreement until after the date an earlier
extension of the Franchise Agreement expires, and the City Council finds that the City should
not be without a valid Franchise Agreement for the delivery of cable television services for any
period of time. Thus, it is in the public interest that the City grant a brief extension of the
Franchise Agreement so that the City of Gilroy is not deprived of a cable television franchise for
any period of time.
Section 4. If any section, subsection, subdivision, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court
of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be
affected thereby.
PASSED AND ADOPTED this 15th day of November, 1999 by the following vote:
AYES:
COLTNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COLrNCILMEMBERS:
ATTEST
Rhonda Pellin, City Clerk
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
NONE
NONE
APPROVED:
K. A. Mifce Gilroy, Mayor '~ ~
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0804706002 ORDINANCE NO. 99 21
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-21 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 15th day of November, 1999, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 26th day of January, 2000.
City Clerk of theCity of Gilroy
(Seal)