HomeMy WebLinkAbout2003-06-24 - ORDINANCES - TIME WARNER CABLE FRANCHISE (2)ORDINANCE NO. 03-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARTTA, CALIFORNIA, AUTHORING THE MAYOR OF
SANTA CLARTTA TO SIGN AN AMENDMENT TO THE
CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE
CITY OF SANTA CLARTTA AND TIME WARNER
ENTERTAINMENT — ADVANCEINEWHOUSE
WHEREAS, on August 11, 1987, pursuant to Ordinance No. 87-0134F, the Board of
Supervisors of the County of Los Angeles granted to American Television and
Communications, Inc. a license to construct, operate, and maintain a cable television system
("ATC License"), such license to expire on August 1, 2003; and
WHEREAS, on July 14, 1988, pursuant to Ordinance No. 88-28, the City Council of the
City of Santa Clarita amended Ordinance No. 87-0134F to clarify and reflect the new
circumstances, being that the franchisee operates in part of the City of Santa Clarita and part of
the unincorporated area of Los Angeles County; and
WHEREAS, on December 15, 1987, the City of Santa Clarita was incorporated, and its
-- jurisdiction includes that portion of the ATC License within the boundaries of the City (the
"Franchise"); and
WHEREAS, from time to time the Franchise was transferred or control of the Franchise
was changed, and now rests with Time Warner Entertainment—Advance/Newhouse (the
"Franchisee"); and
WHEREAS, the Franchisee (as a successor -in -interest) requested the commencement of
proceedings for the renewal of the Franchise in accordance with Section 626 (a)(1) of the Cable
Act; and
WHEREAS, the Parties continue to negotiate informally the terms and provisions of a
renewal of the Franchise but have yet to finalize informal negotiations and resolve certain issues;
and
WHEREAS, according to the Santa Clarita Municipal Code, a Franchise must be granted
by ordinance of the City Council, which ordinance requires two readings and thirty (30) days
before becoming effective.
THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. EXTENSION AUTHORIZED. The Mayor of the City of Santa Clarita is
hereby authorized to sign an extension, in substantially the same form as is attached hereto as
Exhibit A, to the cable television franchise agreement between the City of Santa Clarita and the
Franchisee.
SECTION 2. SEVERABILITY. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
SECTION 3. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted as required by law.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2003.
MAYO
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 03-8 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 10`h day of June, 2003. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 24th day
of June, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
EXHIBIT A
THIS AMENDMENT is made and entered into as of the 10th day of June, 2003, between the
CITY OF SANTA CLARITA a municipal corporation ("City"), and TIME WARNER
ENTERTAINMENTADVANCE/NEWHOUSE("Franchisee"). City and Franchisee are
sometimes collectively referred to herein as the 'Parties."In consideration of the mutual benefits
accruing to the Parties as set forth herein, and for other valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
A. The term of the Franchise Agreement is hereby amended to extend the term of the Franchise
Agreement through and including November 7, 2003.
B. All other terms and conditions of the Franchise Agreement shall remain in full force and
effectiveness during this extension.
C. Neither the City nor the Franchisee by action of this Amendment waive or alter any rights
for renewal of the Franchise or rights to deny renewal of the Franchise which either Party may
have, including but not limited to those rights provided by the Cable Act.
D. The person or persons executing this Amendment on behalf of Franchisee warrants and
represents that he/she has the authority to execute this Amendment on behalf of Franchisee and
has the authority to bind Franchisee to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the day and year first above written.
CITY OF SANTA CLARITA FRANCHISEE (two signatures)
Cameron Smyth, Mayor
Attest:
Sharon Dawson, City Clerk
Approved as to Form:
S-A
(Signature)
(Typed Name)
Its:
(Title)
By:
(Signature)
(Typed Name)
Carl Newton, City Attorney Its:
(Title)