2007-0842007-84
Resolution Authorizing the Supervisor to Sign the Cable Franchise Agreement
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 23,
2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, the Town of Wappinger entered into a franchise agreement with US
Cablevision Corporation dated October 13, 1993, whereby the Town of Wappinger granted US
Cablevision Corporation a non-exclusive franchise to construct, own and operate a cable
television system within the Town of Wappinger, which expired on October 13, 2003 and
WHEREAS, Cablevision of Wappingers Falls, Inc. acquired certain assets from AT&T
Corp. as successor in interest to US Cablevision Corporation including the cable television
system in the Town of Wappinger on January 3, 2 00 1, and
WHEREAS, Cablevision of Wappingers Falls, Inc. submitted a proposed franchise
renewal agreement to operate a cable television system within the Town of Wappinger and the
Town, through its attorneys have had an opportunity to review and re -negotiate said agreement,
and
WHEREAS, notice of a public hearing to be held on April 9, 2007, was published for
two consecutive weeks in the official newspapers of the Town, to wit, in the Poughkeepsie
Journal on March 17, 2007 and on March 28, 2007; and in the Southern Dutchess News on
March 21, 2007 and March 28, 2007, as required by law; and
WHEREAS, a Public Hearing was held before the Wappinger Town Board on April 9,
2007; and
WHEREAS, the Town Board finds that it is in the best interest of the Town to enter into
a "Cable Franchise Renewal Agreement" with Cablevision of Wappingers Falls, Inc. as more
particularly set forth in the proposed Agreement attached as Exhibit "I"; and
WHEREAS, said executed "Cable Franchise Renewal Agreement' is subject to review
and approval by the New York State Public Service Commission;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the
terms and conditions set forth and contained in the "Cable Franchise Renewal Agreement'
attached hereto as Exhibit' 1 ", and.
BE IT FURTHER RESOLVED, that the Supervisor of the Town is hereby authorized
and directed to execute the "Cable Franchise Renewal Agreement", a copy of which is attached
hereto as Exhibit "1", by and on behalf of the Town of Wappinger; and
BE IT FURTHER RESOLVED, that the Supervisor is further authorized to forward the
original signed contracts to Cablevision of Wappingers Falls, Inc. for its signature, and
BE IT FURTHER RESOLVED, the Supervisor is further authorized to submit a fully
executed copy of the "Cable Franchise Renewal Agreement" to the New York State Public
Service Commission, in accordance with paragraph 35 of the "Cable Franchise Renewal
Agreement' in order to receive all necessary approvals.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/23/2007
The Resolution is hereby duly declared adopted.
2— r V " �.-, " -,
?OHNe- kkSTERSON, TOWN CLERK