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1224.pdf RES�LUTION NO. 1224 A RESOLUTTON OF THE CyTY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AFFIRMING THE EXISTING FR.ANCHISE FEE REMITTED BY COX INC., DBA COX COMMUNICATIONS, LLC A DELAWARE CORPORATTON. �VHEREAS, the Digital Infrasttucture ana Videa Campetition Act of 2006 (DIVCA) authorizes the State of California Public Utilities Commission (CPUC} to grant franchises to video provide�s for the provision of video services in local jurisdictional areas; and �#IEREAS, DIVCA establishes statewide standards for video service providers, incZuding the requirernent for a state franchise fee payable as rent or as a toll for use of the rights-of-way by holders of the state franchise. W�IEREAS, DTVCA estat�lishes upon the expiration of an incumbent cable operator's franchise, the amount of tl�e state franchise fee sha11 be 5 percen� of gross revenues unless the local entity adopts an ordinance setting the amount of the franchise at Zess than 5 percent. �VgTEREAS, in 2008, the City Councal af the City of enacted such an Ordinance No. 310 es#ablishing a franchise fee of two and a hat�percent {2.5%). (Rolling Hills Municipal Code Section 5.08.410.) � �iEREAS, Cox Communications, LLC (Cox) operates as tkae sole sta.te franchise holder within the boundaries of the City of Rolling Hills; and �7VHEREAS, the CPUC approved and issued a renewed state video franchise certificate to Cox which took effect Apri127, 2017, upon expiration of Cox's former certif cate; and �YHEREAS, Cox has requested a.ffirmation from the City that its 2.5% franchise fee pursuant to Rolling Hills Municipal �ode Section 5.08.410 is still in effect; and `1VHEREAS, the City affirms that its franchise fee is still in effect. 1�+TOW, THE1tEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROLLIliTG HILLS,AS FOLLQWS: SECTION 1. The City does hereby affirm that its existing franchise £ee is still in effect pursuant to Rolling Hills Municipal Code S�ction 5.08.41 Q. �ECTION 2. The City Clerk sha.I1 certify to the passage and adoption of this reso�ution and enter it into the book of original resolutions. PASSED,APPROVED ANI➢ADOPTED this 11�' day o£June 2018. P C N MAYOR ATTEST: RO. D AS T FORM: � � � � TTE HAI.L L , E &KRIEGER CITY CLERK CITY ATTORNEY Resolution Na. 1224 _�_ STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certi£y that the foregoing Resolutaon No. 1224 entitIed: A RESQLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AFFIRMING THE EXISTING FRANCHISE FEE REIVIITTED BY COX INC., DBA COX COMMUNICATIONS, LLC A DELAWARE C�RPORATION. was approved and adopted at a regular meeting of the City Counc�l on June 11, 2018 by the foilowing ro11 call vote: AYES: Dieringer,Mirsch and Mayor Wilson. NOES: None. ABSENT: B1ack and Pieper, ABSTAIN: None. and in corripliance with the laws of California was posted at the following: Ad�ninistrative Office l�f/r`C YV TE HALL CITY CLERK Resolution No. 1224 _2_