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4.04 4.4 AMEND\Amend 317 of 2022-Correct Term of Cable Agrmnt—9-26-2022 RESOLUTION AMENDING RESOLUTION NO.: 317,2022 TO CORRECT TERM OF FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. RESOLUTION NO.: 92022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 317,2022 the Queensbury Town Board authorized the Cable Television Franchise Renewal Agreement between Spectrum Northeast, LLC an indirect subsidiary of Charter Communications, Inc., and the Town of Queensbury, and WHEREAS, such Resolution incorrectly stated that the Agreement is for a fifteen (15) year term instead of the correct term of eight (8)years and therefore, the Town Board wishes to amend Resolution No. 317,2022 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 317,2022 such that the Queensbury Town Board hereby grants the Cable Television Franchise of Spectrum Northeast, LLC and the Town of Queensbury for eight (8) years commencing with the date of approval by the Public Service Commission and expiring eight(8)years hence, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 317,2022 in all other respects. Duly adopted this 26t'day of September, 2022,by the following vote: AYES NOES ABSENT: M l RESOLUTION AUTHORIZING RENEWAL OF FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. RESOLUTION NO.: 317,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Spectrum Northeast, LLC, an indirect subsidiary of Charter Communications, Inc., a limited liability company organized and existing in good standing under the laws of the State of Delaware and doing business at 20 Century Hill Drive, Latham, New York 12110, has applied under the provisions of federal law to the Town of Queensbury for the approval of a Renewal Agreement for Charter's cable television franchise for 15 years commencing with the date of approval by the Public Service Commission, and WHEREAS, the Town and Spectrum Northeast, LLC negotiated the terms of a 2022 Franchise Renewal Agreement and Spectrum Northeast, LLC presented the Town with a proposed 2022 Franchise Renewal Agreement which complies with New York State Public Service Commission standards,and WHEREAS, the 2022 Franchise Renewal Agreement would bring the Franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings, and WHEREAS, the Town Board scheduled a Public Hearing concerning such proposed Franchise Renewal Agreement, Notice of such Public Hearing was published in the Post Star Newspaper on August 201' and September 2°d, 2022 and on Monday, September 121', 2022, the Town Board duly held such public hearing and heard all interested persons, and WHEREAS, the Town Board wishes to authorize such Franchise Renewal Agreement NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby finds that: I Spectrum Northeast, LLC has substantially complied with the material terms and conditions of its existing Franchise and applicable law; 2. Spectrum Northeast, LLC has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal; 3. Spectrum Northeast, LLC. can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests; and BE,IT FURTHER, RESOLVED, that the Queensbury Town Board hereby grants the Cable Television Franchise of Spectrum Northeast, LLC and the Town of Queensbury for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen (15) years hence, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes, directs and confirms acceptance of the 2022 Franchise Renewal Agreement between the Town and Spectrum Northeast, LLC substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign such Agreement and any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 12''day of September, 2022 by the following vote: AYES Mr. Strough,Mr. Metivier,Mr. Freer,Mr. Ferone NOES None ABSENT: Mr.McNulty I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a regular meeting of the Town Board of the Town of Queensbury held on the 12u'day of September, 2022 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this l4d'day of September, 2022. r' SEAL SIGNED: aroline H. Barber,RMC Town Clerk Town of Queensbury