HomeMy WebLinkAboutTC Res 1994-01-19 (6)
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RESOLUTION NO. 2989
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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING AND AUTHORIZING THE TOWN
MANAGER TO TAKE SlEPS NECESSARY FOR THE TOWN .
TO ENTER INTO THE MARIN COUNTY CABLE RAlE
REGULATION JOINT POWERS AUTHORITY AGREEMENT; .
DELEGATING RAlE REGULATORY AUTHORITY TO THE
MARIN COUNTY CABLE RAlE REGULATION JOINT
POWERS AUTHORITY; PROVIDING FOR CONFUcrs;
PROVIDING FOR SEVERABILITY
WHEREAS, in October 1992 the Unites States Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 (the "Act"), which,
among other things, authorized local franchising authorities to regulate rates for
cable television services under certain circumstances; and
WHEREAS, the Act requires the Federal Communications Commission
("FCC") to promulgate rules concerning, among other things, the requirements and
procedures for regulation of rates for certain cable television services; and
WHEREAS, the rules adopted by the FCC require a local franchising
authority to file for certification with the FCC and to take certain other steps in
order to be authorized to regulate rates for cable television services; and
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WHEREAS, pursuant to Resolution No. 22M, the Town Council authorized
the Town Manager to file certification for cable rate regulation authority with the
FCC and to take all necessary steps to implement rate regulation authority, and
reserved the right to delegate rate regulatory authority to a duly created joint powers
authority; and.
WHEREAS, the Joint Exercise of Powers Act (Gov't. Code Section 6500, et
seq.), provides for the creation of legal and administrative entities to exercise jointly
the powers of public agencies of this state; and
WHEREAS, a number of municipalities located in Marin County have
considered the establishment of such a joint powers authority, to be known as the
Marin County Cable Rate Regulation Joint Powers Authority ("Authority") and have
prepared an agreement to that effect; and
WHEREAS, the Town Council deems it to be in the best interests of the
citizens and residents of the Town to approve and authorize the Town Manager to
take the steps necessary for the Town to enter into the Marin County Cable Rate
Regulation Joint Powers Authority Agreement (the "Agreement");
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WHEREAS, the Town Council deems it to be in the best interests of the
citizens and residents of the Town to approve and authorize the Authority to take
all steps necessary in connection with the regulation of rates for cable television
services and equipment in the Town;
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NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL:
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Section 1. The Town Manager is hereby authorized to sign the Agreement
(a copy of which is attached hereto and made a part hereof) on behalf of the Town,
and take all other actions necessary to implement the Agreement on behalf of the
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Section 2. Upon execution of the Agreement by the Town Manager, the
Authority is hereby delegated full authority to act on behalf of the Town in all
matters related to the regulation of rates for cable services and equipment charges
by cable licensees in the Town, including, without limitation, authority to adopt and
enforce regulations governing the regulation of rates for cable services and
equipment and to make filings at the FCC or in court on behalf of the Authority.
Section 3. The Town Manager shall keep the council informed of actions
taken pursuant to this Resolution, and of developments relating to cable television
regulation.
Section 4. All resolutions, ordinances or other provisions of Town law, or
parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
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Section 5. If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on January 19, 1994 by the following vote:
AYES: COUNCILMEMBERS: Thayer, Thompson, Nygren, Kuhn,
Friedman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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MICHAEL FRIEDMAN, MAYOR
Town of Tiburon
ATTEST:
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THERESE M. HENNESSY, TO