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Home My WebLink AboutAGENDA REPORT 2001 1219 CC REG ITEM 11Nrj ERM C o Acrd "i�0,.. ®cal -9 AC T 1 � 1':R to 3�vre 3 -t Mayor liu n� er �- Gtx �.nu 1 k CITY OF MOORPARK M� ►lhnu cab ertl - -- AGENDA REPORT BY- TO: Honorable Mayor and City Council From: Hugh R. Riley, Assistant City Manager`' DATE: December 6, 2001 (Meeting of 12/19/01) SUBJECT: Consider Resolution No. 2001- and Resolution No. 2001- Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. SUMMARY: The City Council is requested to adopt Resolutions No. 2001- and 2001- extending Cable Television Franchise Agreements with Adelphia Communications Corporation ( "Adelphia ") for the Mountain. Meadows System and the Moorpark System until June 30, 2002. DISCUSSION: On July 18, 2001 the City Council approved the interim extension of the Cable TV Franchise Agreements with Adelphia to December 31, 2001 while franchise renewal negotiations continue. Considering the current pace of these discussions, it is now evident that negotiations will not be concluded before June 30, 2002. It is therefore necessary to extend the terms of the franchises for an additional interim period in order to permit operations to continue and to enable the City to continue to collect franchise fees. Adelphia is continuing with the construction necessary to fully upgrade the cable systems throughout the City. The ugrades to the system in the Mountain Meadows area have been completed. City Council Agenda Report Extension of Cable TV Franchise Agreements December 6, 2001 Page 2 RECOMMENDATION: 1. Adopt Resolution No.2001- 2. Adopt Resolution No.2001- System) Attachments: Resolution No. 2001 - Resolution No. 2001- (Moorpark System) (Mountain Meadows RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE EXTENSION OF THE FRANCHISE TERM OF THE MOORPARK CABLE TELEVISION SYSTEM WITH ADELPHIA COMMUNICATIONS CORPORATION PENDING COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL WHEREAS, Adelphia Communications Corporation, (hereinafter "Franchisee ") is the duly authorized holder of a franchise ( "Franchise ") that authorizes the operation and maintenance of the Moorpark Cable Television System within the City of Moorpark, California( "the City "); and WHEREAS, The City's Franchise with Franchisee was granted on June 6, 1984, extended on July 18, 2001 and will expire on December 31, 2001; and WHEREAS, Section 626 of the Federal Cable Communications Policy Act of 1984 (47 U.S.0 546) (the "1984 Cable Act ") , establishes provisions concerning the renewal of cable television franchises by franchise authorities; and WHEREAS, The City and the Franchisee are in the process of implementing the "informal" renewal procedures permitted by the 1984 Cable Act; and WHEREAS, The City and the Franchisee mutually agree that they will be unable to complete renewal negotiations before , 2002; and WHEREAS, It is considered to be in the best interests of the City, the Franchisee, and cable system subscribers to extend the Franchise term pending completion of the renewal negotiations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. The Fifteen -year (15) year franchise which began November 21, 1990 by and between the City and Franchisee and its predecessors, as amended (hereinafter collectively referred to as the "Franchise "), is hereby further amended to extend its term for a period of Twelve (6) months and eleven (12) days, such that, as extended, the Franchise will expire on June 30, 2002. However, Resolution No. 2001 - Page 2 should the City and the Franchisee successfully complete renewal negotiations resulting in a new franchise, approved by the City Council, prior to the expiration of the renewal term specified herein, the original Franchise shall expire and the new franchise become effective on the date specified in the new franchise agreement. SECTION 2. Except as amended by the extension of term, all existing terms and conditions established by the Franchise shall remain in full force and effect and the City and the Franchisee agree that this Resolution integrates all of the terms and conditions mentioned herein or incidental with the Franchise. SECTION 3. Neither the City nor the Franchisee waive or alter any rights of renewal of the franchise, or rights to deny renewal of the franchise, either party may have in law, including, but not limited to the 1984 Cable Act. SECTION 4. The City Clerk is directed to transmit a certified copy of this Resolution to Adelphia Communications Corporation, 1 North Main Street, Coudersport, Pennsylvania, 16915 -1141. SECTION 5. The City Clerk is directed to certify to the passage and adoption of this Resolution and to cause it to be published or posted in the manner required by law. PASSED AND ADOPTED this 19th day of December, 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE EXTENSION OF THE FRANCHISE TERM OF THE MOUNTAIN MEADOWS CABLE TELEVISION SYSTEM WITH ADELPHIA COMMUNICATIONS CORPORATION PENDING COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL WHEREAS, Adelphia Communications Corporation, (hereinafter "Franchisee ") ib the duly authorized holder of a franchise ( "Franchise ") that authorizes the operation and maintenance of the Mountain Meadows Cable Television System within the City of Moorpark, California( "the City "); and WHEREAS, The City's Franchise with Franchisee was granted on June 6, 1984, extended on July 18, 2001 and will expire on December 31, 2001; and WHEREAS, Section 626 of the Federal Cable Communications Policy Act of 1984 (47 U.S.0 546) (the "1984 Cable Act ") , establishes provisions concerning the renewal of cable television franchises by franchise authorities; and WHEREAS, The City and the Franchisee are in the process of implementing the "informal" renewal procedures permitted by the 1984 Cable Act; and WHEREAS, The City and the Franchisee mutually agree that they will be unable to complete renewal negotiations before June 30, 2002; and WHEREAS, It is considered to be in the best interests of the City, the Franchisee, and cable system subscribers to extend the Franchise term pending completion of the renewal negotiations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. The Fifteen -year (15) year franchise which began June 6, 1984 by and between the City and Franchisee and its predecessors, as amended (hereinafter collectively referred to as the "Franchise "), is hereby further amended to extend its term for a period of Twelve (12) months and eleven (12) days, such that, as extended, the Franchise will expire on June 30, 2002. However, Resolution No. 2001 - Page 2 should the City and the Franchisee successfully complete renewal negotiations resulting in a new franchise, approved by the City Council, prior to the expiration of the renewal term specified herein, the original Franchise shall expire and the new franchise become effective on the date specified in the new franchise agreement. SECTION 2. Except as amended by the extension of term, all existing terms and conditions established by the Franchise shall remain in full force and effect and the City and the Franchisee agree that this Resolution integrates all of the terms and conditions mentioned herein or incidental with the Franchise. SECTION 3. Neither the City nor the Franchisee waive or alter any rights of renewal of the franchise, or rights to deny renewal of the franchise, either party may have in law, including, but not limited to the 1984 Cable Act. SECTION 4. The City Clerk is directed to transmit a certified copy of this Resolution to Adelphia Communications Corporation, 1 North Main Street, Coudersport, Pennsylvania, 16915 -1141. SECTION 5. The City Clerk is directed to certify to the passage and adoption of this Resolution and to cause it to be published or posted in the manner required by law. PASSED AND ADOPTED this 19th day of December, 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk