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JWF 02-22-05 RESOLUTION NO. 2005-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENTER INTO A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH ADELPHIA CABLEVISION OF SANTA ANA, LLC, FOR THE OPERATION OF A CABLE TELEVISION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF SANTA ANA AS FOLLOWS: Section 1. This Resolution of Intention is adopted in accordance with Section 1303 of Article XIII ("Franchises") of the Santa Ana City Charter. Section 2. It is the intention of the City Council to enter into a cable television franchise renewal agreement with Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability company doing business as Adelphia Cable Communications. The proposed nonexclusive franchise agreement will extend Adelphia Cable Communications' franchise, authority, right, and privilege to construct, reconstruct, operate, and maintain a cable television system within the specified franchise service area, which consists of the territorial limits of the City of Santa Ana. The proposed franchise agreement addresses, among other matters, the following: payment of a five percent franchise fee on gross revenues; requirements relating to the construction, upgrade, or rebuild of the cable television system; special services to be provided to the City; assurances to secure the performance of the cable operator's obligations; requirements relating to liability insurance and indemnification; requirements relating to consumer protection and customer service standards; requirements relating to the provision of public, educational, and governmental access channels; requirements related to the continued maintenance of an Institutional Network; conditions related to use of the public rights-of-way; requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews; acts or omissions constituting material defaults and applicable penalties for those defaults; requirements relating to the sale, assignment, or other transfer or change in control of the franchise; and the cable operator's obligation to maintain continuity of service. Section 3. The City Council hereby sets the date of Monday, April 4, 2005, at 6:00 p.m., at the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702, as the time and place where any person having any interest in or objecting to the granting of this franchise may appear before the City Council and be heard. Resolution No. 2005-021 Page 1 of3