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RES-10028 Extending Non Exclusive Cable Franchise With CoxI RESOLUTION NO. 10028 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE EXTENDING A NON-EXCLUSIVE CABLE FRANCHISE WITH COX COM, INC. DBA COX COMMUNICATIONS ORANGE COUNTY. WHEREAS, in 1988 by Resolution No. 7084, the City Council of the City of Orange approved a cable franchise agreement with Community Cablevision to provide non-exclusive cable television service in the City (hereafter, the Franchise); and WHEREAS, in 2004 by Resolution No. 9883, the City Council of the City of Orange. extended the term of the Franchise by one year; and WHEREAS, the term of the Franchise is set to expire on October 23,2005; and WHEREAS, Cox Com, Inc., dba Cox Communications Orange County (hereafter, Cox) is the successor in interest to Community Cablevision and currently enjoys the benefits of the Franchise; and WHEREAS, the City has yet to begin its review process of the Franchise and substantial development east of the City which Cox would likely service is being processed and considered by the City; and WHEREAS, it takes several months to conduct an appropriate public review process and to obtain adequate public input; and WHEREAS, the status of the proposed development east of the City may be better known by the end of this calendar year, as well as the implications thereof on the existing Franchise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. That Section 7(b) of the Franchise is hereby amended to extend the Franchise to October 23, 2006. 2. That all other provisions of the provision shall remain in full force and effect and to the extent that there are any conflicts between this Resolution and the Franchise, this Resolution shall control and if any provision of this Resolution shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of either this Resolution or the Franchise. ADOPTED this llth day of October, 2005. ATTEST: ity Clerk, . yMaryE. M I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the II th day of October, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Durnitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary E. M Cox Com, Inc., dba Cox Communications Orange County, concurs with Resolution No. 10028. R.R~lo>"o<.c M.~., By: Title: By: Title: ResQ. No. 10028 2 DAD