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Home My WebLink About2003-3 - Amending Section 4 of Ordinance Nos. 1196 and 1197 to extend Non-exclusive Franchises with Adelphia Cable Communications and with Cox Communications.ORDINANCE NO. 2003- 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 4 OF ORDINANCE NOS. 1196 AND 1197 TO EXTEND NON- 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, and 2001 -23, 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, 2003; and WHEREAS, by approving Ordinance No. 1196 and its later amendments within Ordinances No. 1891 and 91 -42, 2001 -23, 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, 2003; 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, 2004. 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, 2004. 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 28th day of January, 2003, and was adopted on the 11th day of February, 2003, by the following vote, to wit: AYES, COUNCILMEMBERS Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Proctor ATT ST: ,��%/, t6X,";U- a))_ 1,4,d CC's) o� e City Clerk u ¢ �Cl FOIL 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 28" day of January, 2003, 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, 2003; 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, 2004. 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 27, 2004. 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 F:\users\cat\shared\da\Ag\AdelphiaExtFranAgt.doc 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 28" day of January, 2003, 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, 2003; 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 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 27, 2004. 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 F:\users\catshared\da\Ag\CoxFranExtAgt.doc Exhibit "B" 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 the whole number of members of the City Council is seven,- that the foregoing ordinance, being Ordinance No. 2003 -3 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 February 2003, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Absent: Proctor Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of February 2003. City Clerk City of Newport Beach, California (Seal) 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. 2003 -3 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: February 15, 2003. 2003. In witness whereof, I have hereunto subscribed my name thisot tk day of 1 c4 City Clerk City of Newport Beach, California