HomeMy WebLinkAboutAGENDA REPORT 2004 0707 CC REG ITEM 10FMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
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FROM: Hugh R. Riley, Assistant City Manager ,
DATE: June 17, 2004 (City Council Meeting of July 7, 2004)
SUBJECT: Cable Television Franchise Interim Extension
BACKGROUND:
On April 19, 2004, the City Council approved an interim extension
of the agreements with Adelphia to June 30, 2004. In December 2001,
the franchise agreements were renewed for a six -month period ending
June 30, 2002. The City and Adelphia have been more or less
engaged in franchise renewal discussions since the previous
extension. The renewal process has been delayed by the filing for
Chapter 11 Bankruptcy by Adelphia in June 2002, and various
staffing changes at all levels of the reorganized corporation.
DISCUSSION:
With work nearly concluded on the new franchise agreements,
Adelphia has requested that the City approve an interim extension
to the existing franchise agreements for an additional period
beyond the current expiration date of June 30, 2004, to insure the
affirmative status of the system as potential buyers are being
contacted.
Staff recommends that the City Council approve an additional
interim extension to September 1, 2004. Additional extensions
beyond that date can be considered if needed should the new
franchise agreements approval be delayed. Staff can include this
item on subsequent Consent Calendars and the item can be pulled if
not needed.
STAFF RECOMMENDATION:
Adopt Resolution 2004- and 2004- extending Cable Television
Franchise Agreements with Adelphia until September 1, 2004.
Attachments: Resolutions 2004-
and 2004-
0003'78
RESOLUTION NO. 2004-
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 ") is 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 December 19, 2001, and
expired on June 30, 2002; 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, an interim extension of the franchise
agreement to June 30, 2004, was approved on April 21, 2004;
and
WHEREAS, the City and the Franchisee mutually agree
that they may be unable to complete renewal negotiations
before June 30, 2004; 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 HEREBY 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
0003 79
Resolution No. 2004 -
Page 2
referred to as the "Franchise ") , is hereby further amended
to extend its term such that, as extended, the Franchise
will expire on September 1, 2004. However, 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 shall certify to the
adoption of this resolution and to cause a certified
resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of July, 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000 ,380
RESOLUTION NO. 2004-
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 December 19, 2001 and
expired on June 30, 2002; 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, an
agreement to June
and
WHEREAS, the
that they may be
before June 30, 2C
interim
30, 2004 u
City and
unable to
04; and
extension of the franchise
ras approved on April 21, 2004;
the Franchisee mutually agree
complete renewal negotiations
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 HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
began November
Franchisee and
The Fifteen -year (15) year franchise which
21, 1990 by and between the City and
its predecessors, as amended (hereinafter
®® ®381.
Resolution No. 2004 -
Page 2
collectively referred to as the "Franchise ") , is hereby
further amended to extend its term such that, as extended,
the Franchise will expire on September 1, 2004. However,
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 shall certify to the
adoption of this resolution and to cause a certified
resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of July, 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000382