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City Council Resolution 2003-33CITY OF MONTICELLO RESOLUTION NO. 2003-33 A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE HELD BY CC VIII OPERATING COMPANY, LLC D/B/A CHARTER COMMUNICATIONS r WHEREAS, the City of Monticello (the "Authority") granted a nonexclusive cable television franchise (the 'Franchise") to CC VIII Operating company, LLC d/b/a Charter Communications ("Charter"), and WHEREAS, the Franchise expires on .lune 30, 2003; and WHEREAS, Charter has requested renewal of the Franchise; and WHEREAS, the Authority and Charter are currently negotiating the terms of renewal of the Franchise pursuant to the informal renewal process set forth in Section 626(h) of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546(h); and WHEREAS, the Authority desires ,to extend the term of the Franchise until June 30, 2004, so that negotiations may continue; and WHEREAS, Charter has consented and agreed to the terms of this extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO that: 1. The term of the Franchise shall be extended from June 30, 2003 until June 30, 2004, unless sooner revoked, cancelled or terminated. 2. All terms and conditions of the Franchise, as may be amended from time to time, shall remain in effect during the term of the extension. 3. This extension shall not constitute a waiver of any rights the Authority or Charter may have under- (i) the Franchise, as it may be amended from time to time; (ii) the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996; (iii) Chapter 238 of the Minnesota Statutes, Minn. Stat. 5 238.01, et. Seq.; or (iv) any other law or regulation. 4. Nothing herein shall be interpreted to give Charter additional rights or opportunities to trigger the provisions of 47 U.S.C. § 546(a) -(g), or to require the Sherburne/Wright County Cable Communication Commission to conduct or reconduct hearings or other actions properly taken In conjunction with miy Renewal proceeds under the current Franchise. 5. No claim that either party may have against the other hal f' shall be released or otherwise affected by this extension. PASSED AND ADOPTED by the City of Monticello this 9th day of Accepted by Charter this day of June By- Z-Attee-', Title (� , ?003. Y Title