HomeMy WebLinkAboutOrdinance No. 94-O21 URGENCY ORDINANCE NO. 94- 021
APPROVING THE EXTENSION OF THE EXISTING FRANCHISE OF
CROWN MEDIA
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF
CROWN MEDIA FOR 90 DAYS SUBJECT TO CERTAIN TERMS AND
CONDITIONS
WHEREAS, on May 6, 1974, the City Council of the City of Azusa (the "City") adopted
Ordinance No. 1077 providing for the granting of cable television franchises;
WHEREAS, on December 2, 1974, pursuant to Ordinance No. 1077, the City Council of the
City adopted Ordinance No. 1092 granting to Cable Service of Azusa, Inc. a cable television
franchise to construct, operate and maintain a cable television system with the City (the
"Franchise");
WHEREAS, on October 4, 1982, pursuant to Resolution No. 7187, the City Council of the
City consented to the transfer of the Franchise from Cable Service of Azusa to Jones Intercable, Inc.,
a general partner and nominee, for Cable TV fund 10, a limited partnership;
WHEREAS, on July 5, 1983, pursuant to Resolution No. 7296, the City Council of the City
consented to change the name of the Franchise holder to Cable TV Fund 10-C Ltd., a Colorado
limited partnership ("Fund 10-C");
WHEREAS, on July 5, 1983, pursuant to Resolution No. 7296, the City Council consented
to the transfer of the Franchise from Fund 10-C to Falcon Cable Media, L.P. ("Falcon") and
concurrently amended the Franchise pursuant to Ordinance No. 2362;
WHEREAS, on September 18, 1989, pursuant to Resolution No. 8710, the City Council
approved the transfer of the Franchise to Cencom Cable Television, Inc., ("Cencom") a wholly
owned subsidiary of Cencom Cable Associates, Inc. and the purchase by Gaylord Broadcasting
Company of 97% of the stock of Cencom; and
WHEREAS, Cencom, without the City's consent, either changed its operating name to
Crown Media("Crown") or transferred the Franchise to Crown; and
WHEREAS, Crown has submitted an application to the City to renew the Franchise; and,
WHEREAS, the City Council has determined that it would be in the public interests to
extend the Franchise for a period of ninety(90)days subject to certain terms and conditions in order
to allow continuity of service; and,
WHEREAS, the City does intend to create any right in Cencom by said franchise extension
other than the extended right to construct and operate a cable television system until April 6, 1995.
WHEREAS, this ordinance is passed on an urgency basis pursuant to Government Code
§ 36937 (b) and shall become effective immediately. The basis for the urgency adoption is the
Franchise expiration date of January 5, 1995.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa does
ordain as follows:
Section 1. The Franchise to construct and operate a cable television system in the City
pursuant to Ordinance No. 1092, is hereby extended for a period of ninety (90) days and expires by
its terms, without further action of any party, on midnight, April 6, 1995.
Section 2. With the exception of the provisions of Sections 1 and 5 of this Resolution,
the City and Crown intend and agree that this extension will not in any other way amend, modify,
increase, or otherwise effect the rights possessed by Crown under the Franchise with the exception
of those amendments and modifications expressly contained herein.
Section 3. The extension granted by this Resolution shall not take effect until Crown,
in a written form acceptable to the City Administrator of the City, approves and accepts this
extension.
Section 4. As a term and condition of said acceptance, Crown shall agree, and this
extension shall be so conditioned,that said extension does not constitute a new franchise, a renewed
franchise, or in any way increase or modify the ability of Crown or any related entity, to claim any
rights pursuant to Section 626 of the Cable communications Policy Act of 1984. The failure of
Crown to so certify in its written acceptance of this extension shall render said extension null and
void without further action of the parties.
Section 5. The parties agree that if and to the extent the City and Crown agree upon a
Franchise renewal,the franchise fee percentage contained in said renewed franchise agreement shall
apply, and be deemed collected by the City, as of January 5, 1995.
Section 6. The above recitals are all true and correct.
PASSED, APPROVED, AND ADOPTED this 19t}-flay ofDPctpmher , 1994.
Mayor
ATTEST:
—•/—./21111e AK /
City Clerk
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the CITY COUNCIL of the CITY OF AZUSA at a meeting
thereof held on the 19th day of DECEMBER 1994 by the
following vote of the COUNCIL:
AYES: COUNCILMEMBERS: HARDISON, MADRID, BEEBE, ALEXANDER
NOES: COUNCILMEMBERS: NARANJO
ABSENT: COUNCILMEMBERS: NONE
' ITY CLERK