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HomeMy WebLinkAboutAgenda Packet - April 3, 1995 - CC • _ COMM3 OF AZUSA AGENDA ITEM MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PAYMANEH MAGHSOUDI,LIBRARIAN • r GINNY DADAIAN,ADMINISTRATIVE ANALYST ' VIA: HENRY GARCIA, CITY ADMINISTRATOR DATE: APRIL 3, 1995 SUBJECT: FRANCHISE EXTENSION FOR CROWN CABLE As you are well aware the City has been negotiating with Crown Cable for a new contract for cable service. On December 19, 1994 at a regular City Council meeting,the Council extended the current contract from January 5, 1995 to April 5, 1995. As this day is rapidly approaching we are still negotiating the agreement. In order to successfully complete these negotiations, staff is working with the cable attorney, William Marticorena, of Rutan & Tucker to provide a comprehensive contract for the City of Azusa. As a result the attached urgency ordinance has been presented for Council approval to provide additional time for completion of the franchise contract. RECOMMENDATION It is staffs recommendation to approve the attached urgency ordinance and extend the contract for an additional 90 days between the City of Azusa and Crown Cable. Icy „). .• �' oq • emielf IIIMIEggal OF AZUSA AGENDA ITEM MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PAYMANEH MAGHSOUDI, LIBRARIAN • GINNY DADAIAN,ADMINISTRATIVE ANALYST ' VIA: HENRY GARCIA, CITY ADMINISTRATOR t DATE: APRIL 3, 1995 SUBJECT: FRANCHISE EXTENSION FOR CROWN CABLE As you are well aware the City has been negotiating with Crown Cable for a new contract for cable service. On December 19, 1994 at a regular City Council meeting,the Council extended the current contract from January 5, 1995 to April 5, 1995. As this day is rapidly approaching we are still negotiating the agreement. In order to successfully complete these negotiations, staff is working with the cable attorney, William Marticorena, of Rutan & Tucker to provide a comprehensive contract for the City of Azusa. As a result the attached urgency ordinance has been presented for Council approval to provide additional time for completion of the franchise contract. RECOMMENDATION It is staffs recommendation to approve the attached urgency ordinance and extend the contract for an additional 90 days between the City of Azusa and Crown Cable. 2 ■ URGENCY ORDINANCE NO. 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, July 5, 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 day of , 1994. Mayor ATTEST: City Clerk