HomeMy WebLinkAbout03-60 - Cable Television Franchise Agreement between City and Time Warner Cable IncRESOLUTION NO. 03-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AUTHORIZING THE
RENEWAL OF A NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE CITY AND
TIME WARNER CABLE, INC.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Time Warner Cable, Inc., a Delaware 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 "Franchise Service
Area", which is defined for the purpose of this Resolution as Tract No. 10018 within the
City of Costa Mesa as that tract exists on the effective date of this Agreement; and
WHEREAS, by its terms, the Franchise terminated on April 6, 1996; and
WHEREAS, negotiations between the City (the "Franchise Authority") and the
Franchisee commenced in early 2000. A new agreement has been negotiated entitled
"An agreement between the City of Costa Mesa and Time Warner Cable, 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."; and
WHEREAS, 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; and
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; and
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; and
4. The Franchisee's performance of the obligations set forth in the Franchise
Renewal Agreement will reasonably meet the future cable -related community needs
and interests, taking into account the cost of meeting those needs and interests.
NOW, THEREFORE, it is resolved by the City Council of the City of Costa Mesa
as follows:
SECTION 1. The Franchise Authority authorizes the renewal of a nonexclusive
franchise with the Franchisee to construct, operate, and maintain a cable television
system within the Franchise Service Area. 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.
SECTION 2. That certain Franchise Renewal Agreement is authorized and
approved, and the City Manager is authorized to execute that agreement on behalf of
the Franchise Author[ -:y following its execution by the Franchisee.
SECTION 3. The City Clerk is directed to certify to the adoption of this
resolution and to transmit a certified copy to Vice President of Public and Government
Relations, Time Warner Cable, 303 West Palm Avenue, Orange, CA 92866 and to the
President, Los Angeles Division, Time Warner Cable, 959 South Coast Drive, Suite
300, Costa Mesa, CA 92626.
PASSED AND ADOPTED this 6t" day of October, 2003.
ATTEST:
a
Deputy i ler oft e City of Costa Mesa
Mayor of t City of Costa Mesa
APPROVED AS TO FORM
��City Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, 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. 03-60 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on the 6t day of October, 2003, by the following roll call
vote:
AYES: Monahan, Steel, Cowan, Mansoor, Scheafer
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 7th day of October, 2003.
Dep�Ay City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa