HomeMy WebLinkAbout2001-23 - Amending Section 4 of Ordinance Nos. 1196 and 1997 to Extend Non-Exclusive Franchises with Adelphia Cable Communications and with Cox Communications.ORDINANCE NO. 2001 -23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 4 OF
ORDINANCE NOS. 1196 AND 1997 TO EXTEND NOW
EXCLUSIVE FRANCHISES WITH ADELPHIA CABLE
COMMUNICATIONS AND WITH COX COMMUNICATIONS
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments within
Ordinances No 1365 and 91 -43, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with Adelphia Cable
Communications and its predecessor companies, Comcast Cablevision, Newport
Beach Cablevision Incorporated, and Warner Brothers TV Service, Incorporated on or
about December 7, 1966. The Franchise Agreement will expire on January 27, 2002;
and
WHEREAS, by approving Ordinance No. 1196 and its later amendments within
Ordinances No. 1891 and 91 -42, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with CoxCom, Incorporated
(dba Cox Communications) and its predecessor companies, Dimension Cablevision
and Community Cablevision, on or about December 7, 1966. The Franchise
Agreement will expire on January 27, 2002; and
WHEREAS, City and Adelphia and the City and CoxCom desire to extend each
respective Franchise Agreement for one year to allow for additional time for
negotiations to consider the renewal of each Franchise Agreement.
NOW THEREFORE the City Council of the City of Newport Beach does ordain as
follows:
SECTION 1: Section 4 of Ordinance No. 1196 is hereby amended to read as follows:
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2003.
SECTION 2: Section 4 of Ordinance No. 1197 is hereby amended to read as follows:
(a) This Franchise commenced January 27, 1967 and shall terminate on January
27, 2003.
SECTION 3: This extension of Franchise shall not become effective until written
acceptance in the form attached to Ordinance as Exhibit "A" and Exhibit "B" has been
fully executed and filed with the City Clerk within 10 days after the adoption of this
Ordinance.
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 27th Day of November, 2001, and was adopted on the 11th
Day of December, 2001, by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan, O'Neil
Brombe= Glover. Adams Proctor. Mayor--Rjdggmay
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
LaVonne Harkless, City Clerk
FRANCHISE EXTENSION AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
ADELPHIA CABLE COMMUNICATIONS
This Franchise Extension Agreement is entered into between the City of Newport
Beach and Century-TCI California LP, dba Adelphia Cable Communications
( "Adelphia ") this 11th Day of January, 2002, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1197 and its later amendments within
Ordinances No 1365 and 91 -43, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with Adelphia Cable
Communications and its predecessor companies, Comcast Cablevision, Newport
Beach Cablevision Incorporated, and Warner Brothers TV Service, Incorporated on or
about December 7, 1966. The Franchise Agreement will expire on January 27, 2002;
and
WHEREAS, City and Adelphia desire to extend the Franchise Agreement for one year
to allow for additional time for negotiations to consider the renewal of the Franchise
Agreement.
NOW THEREFORE, the Parties agree as follows:
1. The Franchise Agreement shall be extended to January 27, 2003. During said
extension, the terms and conditions of the current Franchise Agreement shall remain in
full force and effect without modification.
2. Both parties hereby reserve all rights under applicable provisions of the Cable
Communications Policy Act of 1984 (The "Cable Act'), including without limitation
Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver,
release or surrender of any right that either party may have under the Cable Act or any
applicable law. Nothing herein shall waive, release or otherwise relieve the Operator, or
any predecessor thereof, from any Franchise Agreement breaches or violations, if any
exist, or other violations of law, if any, and the grant of this Franchise Agreement
extension shall not be utilized by the operator for any purpose other than to extend, and
document the extension, of the Franchise Agreement through January 28, 2003.
EXHIBIT "A" 1
IN WITNESS WHEREOF, the parties hereto have caused this franchise Extension
Agreement to be executed in duplicate on the date and year first written herein.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
City Attorney
CITY OF NEWPORT BEACH: CENTURY -TCI CALIFORNIA L.P. d /b /a/
ADELPHIA CABLE COMMUNICATIONS
EXHIBIT "A" 2
FRANCHISE EXTENSION AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
COXCOM INCORPORATED
This Franchise Extension Agreement is entered into between the City of Newport Beach
and CoxCom, Incorporated, dba Cox Communications Orange County ( "Cox ") this 11th
Day of January, 2002, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 1196 and its later amendments within
Ordinances No. 1891 and 91 -42, the City of Newport Beach entered into a cable
television franchise agreement ( "Franchise Agreement') with CoxCom, Incorporated
(dba Cox Communications Orange County, a wholly -owned subsidiary of Cox
Communications, Inc., a Delaware Corporation.) and its predecessor companies,
Dimension Cablevision and Community Cablevision, on or about December 6, 1966.
The Franchise Agreement will expire on January 27, 2002; and
WHEREAS, City and Cox desire to extend the Franchise Agreement for one year to
allow for additional time for negotiations to consider the renewal of the Franchise
Agreement.
NOW THEREFORE, the Parties agree as follows:
1. The Franchise Agreement shall be extended to January 28, 2003. During said
extension, the terms and conditions of the current Franchise Agreement shall remain in
full force and effect without modification.
2. Both parties hereby reserve all rights under applicable provisions of the Cable
Communications Policy Act of 1984 (The "Cable Act'), including without limitation
Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver,
release or surrender of any right that either party may have under the Cable Act or any
applicable law. Nothing herein shall waive, release or otherwise relieve the Operator, or
any predecessor thereof, from any Franchise Agreement breaches or violations, if any
exist, or other violations of law, if any, and the grant of this Franchise Agreement
extension shall not be utilized by the operator for any purpose other than to extend, and
document the extension, of the Franchise Agreement through January 28, 2003.
1
Exhibit "B"
IN WITNESS WHEREOF, the parties hereto have caused this franchise Extension
Agreement to be executed in duplicate on the date and year first written herein.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
City Attorney
CITY OF NEWPORT BEACH: COXCOM, INCORPORATED d /b /a/
COX COMMUNICATIONS ORANGE COUNTY
Exhibit "B"
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven, that the foregoing
ordinance, being Ordinance No. 2001 -23 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
11th day of December 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of December 2001.
(Seal)
�I M, yam
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2001 -23 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 15, 2001.
In witness whereof, I have hereunto subscribed my name this day of A�
2002.
City Clerk
City of Newport Beach, California