HomeMy WebLinkAbout22113 - RESOLUTIONS - 12/12/2007 RESOLUTION NO. 22113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, EXTENDING THE
CABLE TELEVISION FRANCHISE AGREEMENT
GRANTED TO WARNER CABLE COMMUNICATIONS
UNDER AGREEMENT NO. A2535 THROUGH JUNE 30,
2008.
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
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, on or about December 7, 2005 the City Council adopted Resolution 21472
extending the term of the Franchise Agreement through December 31, 2006 to allow the
parties to continue the franchise renewal process and to negotiate the terms and
conditions of a new franchise; and
WHEREAS, last year the State of California enacted new legislation, AB 2987, which
specifically impacts the franchise renewal process and authorizes cable operators to
obtain a state issued permit; and
WHEREAS, on or about November 15, 2006 the City Council adopted Resolution 21771
extending the term of the Franchise Agreement through January 2, 2008 to enable the
parties to continue to either negotiate a local franchise or allow Time Warner to apply for
a state issued permit to operate a cable television system within the City; and
WHEREAS, Time Warner has applied and is currently waiting for a state issued permit
to operate a cable television system; and
Resolution No. 22113
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WHEREAS, once the State has issued a permit, Time Warner will no longer need a
local franchise from the City to operate a cable television system; and
WHERERAS, the City is willing to extend the franchise to the earlier of (a) June 30,
2008, (b) the date when Time Warner is issued a renewed local franchise, or (c) the
effective date of any state franchise issued to Time Warner pursuant to AB 2987; and
WHEREAS, the City is willing to extend the franchise to the date as indicated above so
long as Time Warner abides by the terms and conditions of all franchise commitments
during any such extension, and neither Time Warner nor the City is otherwise
prejudiced by the extension.
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
The Grantor hereby agrees and consents to extend the current Franchise Agreement,
granted to Grantee pursuant to Agreement 2535 to the earlier of (a) June 30, 2008, (b)
the date when Time Warner is issued a renewed local franchise, or (c) the effective date
of any state franchise issued to Time Warner pursuant to AB 2987.
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
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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 12th day of December, 2007.
David H. Ready, C' anager
= ATTEST:
mes Thompson, City Clerk
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. 22113 is a full, true and correct copy, and was duly adopted at an
adjourned meeting of the City Council of the City of Palm Springs on the 12th day of
December, 2007, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
a es Thompson, City Clerk
ity of Palm Springs, California