HomeMy WebLinkAbout98-86 - Authorizing the renewal of a Cable Television franchise agreement between the City and Media One of Costa Mesa, Inc." 6
RESOLUTION NO. 98-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AUTHORIZING THE
RENEWAL OF A CABLE TELEVISION FRANCHISE
AGREEMENT BETWEEN THE CITY AND MEDIA ONE OF
COSTA MESA, INC.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND,
DECLARE, AND RESOLVE AS FOLLOWS:
SECTION 1. This resolution is adopted in consideration of the following facts
and circumstances:
A. MediaOne of Costa Mesa, Inc., a California corporation ("Franchisee"), is the
duly authorized holder of a franchise ("Franchise") that authorizes the
construction, operation, and maintenance of a cable television system within
the City of Costa Mesa ("Franchise Authority").
B. By its terms, the Franchise will terminate in its entirety on March 4, 1999.
C. Negotiations between the Franchise Authority and the Franchisee
commenced in mid-1998. In addition, public hearings were held on
July 20, August 3 and 17, September 8 and 21, and October 5, 1998, for
the purpose of evaluating future cable -related community needs and
interests, and the cable operator's performance under the existing franchise.
A new agreement has been negotiated entitled "An agreement between the
City of Costa Mesa and MediaOne of Costa Mesa, Inc., Renewing a
Nonexclusive Franchise to Operate a Cable Television System in the City of
Costa Mesa and Setting Forth Terms and Conditions Relating to the Renewal
of the Franchise" ("Franchise Renewal Agreement"). A copy of the
Franchise Renewal Agreement is on file in the City Clerk's office.
D. Two letters have been submitted by the Franchisee to the Franchise
Authority confirming the means by which certain obligations of the
Franchisee under the Franchise Renewal Agreement will be implemented
during the term of that agreement. Copies of those letters are on file in the
City Clerk's office.
The Franchise Authority has reviewed the present and future cable -related
needs of the community and its residents, the Franchisee's record of service and its
ability to carry out its obligations under the Franchise Renewal Agreement, and the
Franchisee's financial, legal, and technical qualifications to hold and to operate a cable
television franchise, and has determined that the public interest would be served by
authorizing the Franchise Renewal Agreement. This determination is based upon the
following findings:
(1) The Franchisee has substantially complied with the material terms of the
existing Franchise and with applicable law;
(2) The quality of the Franchisee's service, including signal quality, response to
consumer complaints, and billing practices, but without regard to the mix,
quality, or level of cable services or other services provided over the system,
has been reasonable in light of community needs;
(3) The Franchisee has the financial, legal, and technical ability to provide the
services, facilities, and equipment as set forth in the Franchise Renewal
Agreement, on file in the City Clerk's office.
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(4) The Franchisee's performance of the obligations set forth in the Franchise
Renewal Agreement will reasonably meeting the future cable -related
community needs and interests, taking into account the cost of meeting
those needs and interests.
SECTION 2. The Franchise Authority authorizes the renewal of a nonexclusive
franchise with the Franchisee to construct, operate, and maintain a cable television
system within the City. This authorization is made in accordance with the applicable
provisions of Chapter 1 of Title 19 of the Costa Mesa Municipal Code, the applicable
provisions of state and federal law, and the terms and conditions of that certain
Franchise Renewal Agreement as supplemented by the implementation letters, on file
in the City Clerk's office, both of which are approved and accepted.
SECTION 3. That certain Franchise Renewal Agreement is authorized and
approved, and the City Manager is authorized to execute that agreement on behalf of
the Franchise Authority following its execution by the Franchisee.
SECTION 4. The City Clerk is directed to certify to the adoption of this
resolution and to transmit a certified copy to John D. Patrone, Esq., Corporate
Counsel for MediaOne of Costa Mesa, Inc., 550 North Continental Boulevard,
Suite 250, EI Segundo, California 92045.
PASSED AND ADOPTED this Wh day of October, 1998.
Mayor of the City of o Mesa
ATTEST:
Deputy City Oderk of the City of Costa Mesa
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA ►
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 98-86 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the Wh day of October, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this Wh day of October, 1998.
Deputy Cio Clerk and ex -officio Clerk of
the City C uncil of the City of Costa Mesa
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