HomeMy WebLinkAbout2005-027 - Cable Television Franchise Renewal Agreement with Adelphia Cablevision of Santa Ana
JWF 02-22-05
RESOLUTION NO. 2005-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO ENTER
INTO A CABLE TELEVISION FRANCHISE RENEWAL
AGREEMENT WITH ADELPHIA CABLEVISION OF SANTA
ANA, LLC, FOR THE OPERATION OF A CABLE
TELEVISION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF SANTA ANA AS FOLLOWS:
Section 1. This Resolution of Intention is adopted in accordance with Section
1303 of Article XIII ("Franchises") of the Santa Ana City Charter.
Section 2. It is the intention of the City Council to enter into a cable television
franchise renewal agreement with Adelphia Cablevision of Santa Ana, LLC, a Delaware
limited liability company doing business as Adelphia Cable Communications. The
proposed nonexclusive franchise agreement will extend Adelphia Cable
Communications' franchise, authority, right, and privilege to construct, reconstruct,
operate, and maintain a cable television system within the specified franchise service
area, which consists of the territorial limits of the City of Santa Ana. The proposed
franchise agreement addresses, among other matters, the following: payment of a five
percent franchise fee on gross revenues; requirements relating to the construction,
upgrade, or rebuild of the cable television system; special services to be provided to the
City; assurances to secure the performance of the cable operator's obligations;
requirements relating to liability insurance and indemnification; requirements relating to
consumer protection and customer service standards; requirements relating to the
provision of public, educational, and governmental access channels; requirements
related to the continued maintenance of an Institutional Network; conditions related to
use of the public rights-of-way; requirements relating to recordkeeping, accounting
procedures, reporting, periodic audits, and performance reviews; acts or omissions
constituting material defaults and applicable penalties for those defaults; requirements
relating to the sale, assignment, or other transfer or change in control of the franchise;
and the cable operator's obligation to maintain continuity of service.
Section 3. The City Council hereby sets the date of Monday, April 4, 2005, at
6:00 p.m., at the City Council Chambers located at 22 Civic Center Plaza, Santa Ana,
California 92702, as the time and place where any person having any interest in or
objecting to the granting of this franchise may appear before the City Council and be
heard.
Resolution No. 2005-021
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Section 4. The City Clerk is authorized and directed to publish this resolution
at least once within 15 days after the adoption of this Resolution in a newspaper of
general circulation in the City.
Section 5. The City Clerk is further authorized and directed to cause a copy of
this Resolution to be mailed or delivered to any cable television operator franchised by
the City not less than 15 days prior to the time fixed for the public hearing, as specified
in Section 3 above, and to maintain on file for public inspection a copy of the current
draft of the proposed new cable television franchise renewal agreement, the terms and
conditions of which are summarized above in Section 2.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 7th day of March, 2005.
AYES: Council members: Bist Bustamante Garcia Pulido Solorio 5
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: Christy (1)
NOT PRESENT: Councilmembers: Alvarez (1)
Resolution No. 2005-027
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-027 to be the original resolution adopted by the City
Council of the City of Santa Ana on March 7. 2005.
Date:
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Clerk of the Council
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Resolution No. 2005-027
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