HomeMy WebLinkAboutCC RES 92-104ItBSOLUTION NO. 92-104
A RBSOLUTION BY Ti� CITY COUNCIL O1�' Ti� CITY OF PAL![
DBSBRT, CALI!'ORNIA, CONSSNTII�IG TO TF� TRANSFBR AND
ASSIC�1l�NT OF GBL$ TBLSVISION FRAZ1C�iISg
wHEREAS, Coachella Valley Television, a division of
Palmer Communications Incorporated, d/b/a/ Palmer CableVision
("Palmer"�, owns, operates and maintains a cable television system
in the City of Palm Desert, California, pursuant to the Palm Desert
Municipal Code, and
WHSRSAS, pursuant to Chapter 14.02.040(F) of the Pal�
Desert Municipal Code, Palmer has requested the consent of the City
to transfer and assign its cable te]evision franchise to Colony
Cablevision of California, a division of Providence Journal Company
("Colony"); and
WHBRBAS, Pala�er and Colony have fulfilled all obligations
set forth in the Palm Desert Municipal Code as a prerequisite to
the transfer and assiqnn�ent; and
NOW, THBRSFORE, BE IT RESOLVED, by the City Council of
the City of Palm Desert, California, that the transfer and
assignment of the cable television franchise from Coachella valley
Television, a division of Palmer Communications Incorporated, to
Colony Cablevision of California, a division of Providence ,7ournal
Company, is hereby consented to and approved subject to the
conditions attached hereto as Lxhibit A; and
BE IT FURTHER RESOLVED, that the consent herein granted
shall be effective upon the closinq of the proposed transfer and
assignment and Colony Caiblevision of California shall notify the
City promptly upon such closing; and
BB IT FVR'tH$R RESOLVED, that by consenting to and
aqreeing to accept this transfer and assignment, neither the city
nor Colony Cablevision of California waives any riqhts either n�ay
have under federal, state or local law.
BS IT FURTH$R RESOLVED, that this consent to and approva 1
of the transfer and assiqnment by Palmer of its cable television
franchise to Colony shall terminate and be of no further force and
effect in the event that the closing of the transfer and assignaent
between Pala�er and Colony does not occur within 180 days froe+ the
adoption of this resolution.
BB IT FURTHSR RESOLVBD, that Resolution No. 91-�t.
adopted on June 27, 1991, is rescinded.
RssoLtrrzot� xo . • i o4
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APPROVED AND AD�PTED this 12th day of November, 1992.
AYES: BENSON, SNYDER, WILSON
NOES: KELLY
ABSENT: CRITES
ABSTAIN: NONE
� ` A'1'�E ST : �
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',-���
Sheila R. <
�
�
� Rich d 3. Kell , Mayor
/
,
an, Cit� Clerk
2
RBSOLUTZON NO. 92-104
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1. Colony shall execute and become a party to the
franchise agreement.
2. Colony shall enter into an agreement with the City
providing for the following:
a. Colony, pursuant to its voluntary offer to the
City, shall not increase its basic cable service subscriber rate or
its bulk service rate by more than 5$ per year until the new FCC
rate regulations become effective. For the purposes of this 5$
limit, the basic services rate shall consist of all,charges billed
to the subscriber for such services tincluding but not limited to
franchise fees}. In consideration for Colony's agreement to limit
any annual increases to 5$ until the new FCC regulations become
effective, Palmer will not be required to conduct the signal
availability study agreed to in its July 27, 1992 letter to the
City.
3. The City will continue to work with the company to try
and develop an equitable service contract offering for all
citizens.