HomeMy WebLinkAbout21471 - RESOLUTIONS - 12/7/2005 RESOLUTION NO. 21471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION
FRANCHISE GRANTED TO PALMER CABLEVISION UNDER
AGREEMENT NO. 2792 THROUGH DECEMBER 31, 2006
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, Grantee has filed timely notice of intent to renew its Franchise Agreement with
Grantor; and
WHEREAS, on or about December 15, 2004, the City Council adopted Resolution No. 21160
extending the term of the Franchise Agreement through December 31, 2005, to allow the
parties to complete the renewal process and to negotiate the terms and conditions of a new
franchise; and
WHEREAS, the renewal process can typically take between 12 to 18 months, depending on
the number of issues and the ability of the parties to reach an agreement, to complete; and
WHEREAS, the Grantor, through its consultant, is working diligently with the Grantee to
complete the renewal process which includes a comprehensive review of the current cable
television system and franchise and identification of the community's future cable television-
related needs; and
WHEREAS, to properly facilitate the completion of the renewal process the parties have
agreed to extend the existing Franchise Agreement through December 31, 2006, 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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Resolution No. 21471
Page 2
Section 1. Extension of the Term of the Franchise Agreement through December 31, 2006.
The Grantor hereby agrees and consents to extend the current Franchise Agreement,
granted to Grantee pursuant to Agreement 2535, through December 31, 2006, or until a new
Franchise Agreement is approved by both parties, whichever occurs first, subject to the terms
and conditions set forth below.
Section 2. Terms and Conditions of Extension of the Agreement.
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. All 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 this7th day of December, 2005.
David H. Ready, City Mang`"'
ATTEST:
�mes Thompson, City Jerk
i�
Resolution No. 21471
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 21471 is a full, true and correct copy, and was duly adopted at a regular meeting of the
City Council of the City of Palm Springs on December 7, 2005, by the following vote:
AYES: Councilmember Pougnet, Councilmember McCulloch and Mayor Pro Tern Foat
NOES: Councilmember Mills and Mayor Oden
ABSENT: None
ABSTAIN: None
J,4 es Thompson, City Clerk
ty of Palm Springs, California