HomeMy WebLinkAbout21472 - RESOLUTIONS - 12/7/2005 RESOLUTION NO. 21472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE
TELEVISION FRANCHISE GRANTED TO WARNER CABLE
COMMUNICATIONS UNDER AGREEMENT NO. 2535
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
Warner Cable Communications ("Grantee") on or about January 20, 1988; and
WHEREAS, the term of the Franchise Agreement was for a 17 year period expiring on
January 20, 2005; and
WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement with
Grantor; and
e WHEREAS, on or about December 15, 2004, the City Council adopted Resolution No.
21159 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. 21472
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 this 7th day of December, 2005.
David H. Ready, City Hager
ATTEST:
J es Thompson, City C erk
Resolution No. 21472
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. 21472 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 Tem
Foat
NOES: Councilmember Mills and Mayor Oden
ABSENT: None
ABSTAIN: None jog
J mes Thompson, City Clerk
iity of Palm Springs, California