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HomeMy WebLinkAboutAGENDA REPORT 2004 0721 CC REG ITEM 09CMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM_ q•G- CITY OF MOORPARK, CALIFORNIA City Council Meeting Of Ta -aoo ACTION: FROM: Hugh R. Riley, Assistant City Manager DATE: July 8, 2004 (City Council Meeting of July 21, 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 30, 2004. Should the new franchise agreements approval be delayed, additional extensions beyond that date can be considered. STAFF RECOMMENDATION: Adopt Resolution 2004- and 2004- extending Cable Television Franchise Agreements with Adelphia until September 30, 2004. Attachments: Resolutions 2004- and 2004- 000082 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 granted on June 6, expired on June 30, City's Franchise with Franchisee was 1984, extended on December 19, 2001, and 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 July 31, 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 000083 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 30, 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 21St day of July, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000084 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 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 July 31, 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 November 21, 1990 by and between the City and Franchisee and its predecessors, as amended (hereinafter 000085 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 30, 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 h 1 adoption resolution s a 1 certify to the of this resolution and to cause a certified to be filed in the book of original resolutions. PASSED AND ADOPTED this 21St day of July, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0000SG