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Home My WebLink About55A - ADELPHIA RENEWAL AGREEMENT REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: MARCH 7, 2005 TITLE: RESOLUTION OF INTENT TO ENTER INTO A NONEXCLUSIVE CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH ADELPHIA CABLEVISION OF SANTA ANA APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I & / I / .' / I "///'. / 1~<J/ (j k2,~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution declaring the City Council's intent to enter into a -cable television franchise renewal agreement with Adelphia Cablevision of Santa Ana. DISCUSSION At its April 4, 2005 meeting, the City Council will consider a cable television franchise renewal agreement with Adelphia Cablevision of Santa Ana, a limited liability company doing business as Adelphia Cable Communications. The proposed franchise agreement will extend Adelphia Cable Communications' franchise to construct, operate, and maintain a cable television system wi thin the City of Santa Ana. Section 1303 of Article XIII of the Santa Ana City Charter requires that the City Council adopt and publish a resolution declaring its intent before granting a franchise agreement. A public hearing will be conducted on April 4, 2005 for members of the community having any interest in or objecting to the proposed franchise agreement. The Clerk of the Council will publish the resolution at least two weeks prior to the public hearing. FISCAL IMPACT There is no fiscal impact associated with this action. J Ii /ill '~M'VLA':VA Gerardo Mouet Executive Directo Parks, Recreation Community Service 55A-1 JWF 02-22-05 RESOLUTION NO. 2005-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENTER INTO A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH ADELPHIA CABLEVISION OF SANTA ANA, LLC, FOR THE OPERATION OF A CABLE TELEVISION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF SANTA ANA AS FOLLOWS: Section 1. This Resolution of Intention is adopted in accordance with Section 1303 of Article XIII ("Franchises") of the Santa Ana City Charter. Section 2. It is the intention of the City Council to enter into a cable television franchise renewal agreement with Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability company doing business as Adelphia Cable Communications. The proposed nonexclusive franchise agreement will extend Adelphia Cable Communications' franchise, authority, right, and privilege to construct, reconstruct, operate, and maintain a cable television system within the specified franchise service area, which consists of the territorial limits of the City of Santa Ana. The proposed franchise agreement addresses, among other matters, the following: payment of a five percent franchise fee on gross revenues; requirements relating to the construction, upgrade, or rebuild of the cable television system; special services to be provided to the City; assurances to secure the performance of the cable operator's obligations; requirements relating to liability insurance and indemnification; requirements relating to consumer protection and customer service standards; requirements relating to the provision of public, educational, and governmental access channels; requirements related to the continued maintenance of an Institutional Network; conditions related to use of the public rights-of-way; requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews; acts or omissions constituting material defaults and applicable penalties for those defaults; requirements relating to the sale, assignment, or other transfer or change in control of the franchise; and the cable operator's obligation to maintain continuity of service. Section 3. The City Council hereby sets the date of Monday, April 4, 2005, at 6:00 p.m., at the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702, as the time and place where any person Resolution No. 2005- Page 1 of 3 55A-2 having any interest in or objecting to the granting of this franchise may appear before the City Council and be heard. Section 4. The City Clerk is authorized and directed to publish this resolution at least once within 15 days after the adoption of this Resolution in a newspaper of general circulation in the City. Section 5. The City Clerk is further authorized and directed to cause a copy of this Resolution to be mailed or delivered to any cable television operator franchised by the City not less than 15 days prior to the time fixed for the public hearing, as specified in Section 3 above, and to maintain on file for public inspection a copy of the current draft of the proposed new cable television franchise renewal agreement, the terms and conditions of which are summarized above in Section 2. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2005- Page 2 of 2 55A-3 AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-027 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005- Page 3 of 3 55A-4