HomeMy WebLinkAbout21160 - RESOLUTIONS - 12/15/2004 RESOLUTION NO. 21160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS EXTENDING THE CABLE TELEVISION
FRANCHISE AGREEMENT WITH PALMER CABLEVISION
THROUGH DECEMBER 31, 2005.
WHEREAS, the provision of cable services are a critical service for many Palm Springs
residents and the public at large; and
WHEREAS, provision of cable services necessitates an agreement for use of public right-
or-way between the City of Palm Springs ("Grantor") and all cable providers; and
WHEREAS, Grantor entered in a cable franchise agreement ("Franchise Agreement') with
Palmer Cablevision on or about November 15, 1989; and
WHEREAS, the Franchise Agreement with Palmer Cablevision has transferred several
times to different cable operators throughout the years; and
WHEREAS, Time Warner ("Grantee") is the current operator of the cable television
franchise; and
WHEREAS, the Franchise Agreement with Grantee will expire on or about November 15,
2005; and
WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement
with Grantor; and
WHEREAS, the Grantor and Grantee desire to negotiate informally in good faith the terms
and conditions of a new Franchise Agreement; and
WHEREAS, to facilitate negotiations relating to the renewal of the Franchise Agreement
the parties have agreed to extend the existing Franchise Agreement through December
31, 2005 or until a new Franchise Agreement is approved; and
WHEREAS, the parties agree that it is in the common interest of cable customers to
continue to receive cable services under the current Franchise Agreement terms until a
new Franchise Agreement is approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, as follows:
Section 1. Extension of the Term of the Franchise Agreement throuqh December 31,
2005.
The Grantor hereby agrees and consents to extend the current Franchise Agreement,
granted to Grantee pursuant to Agreement 2792, through December 31, 2005 or until a
' new Franchise Agreement is approved by both parties, whichever occurs first, subject to
the terms and conditions set forth below.
Resolution 21160
Page 2
Section 2. Terms and Conditions of Extension of the Aiareement. '
The Grantor's consent to the extension, described above, is subject to, and conditioned
upon, the following terms and conditions, all of which are hereby incorporated in the
Franchise Agreement:
A. Ali terms and conditions of the existing Franchise Agreement shall remain in full
force and effect during the extension period.
B. The extension shall have no adverse effect on Grantee's compliance, nor shall the
extension be grounds for any change or modification in the remaining terms,
conditions and obligations of the Franchise Agreement. Further, the extension of
the franchise agreement will not affect, diminish, impair or supercede the binding
nature of the existing ordinances, resolutions and agreements applicable to
operation of the cable system.
C. The Grantor's consent to extend the Franchise Agreement, as set forth herein,
shall not be construed, in any manner whatsoever, to constitute a waiver or
release of any rights that the Grantor may have under the Franchise Agreement,
whether those rights arose before or after the change in control to Grantee and the
fact that such deficiencies may have existed prior to the change in control shall not
be a defense against correction of the deficiencies or non-compliance.
D. Both parties hereby reserve all rights under applicable provisions of the Cable '
Communications Policy Act of 1984 (The "Cable Act"), including, without limitation,
Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver,
release or surrender of any right that either party may have under the Cable Act or
any applicable law.
ADOPTED this 15'h day of December 2004.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: Member Foat
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Acting City Clerk City Manag i
REVIEWED AND ADOPTED AS TO FORM: �j