HomeMy WebLinkAboutCC RES 07-11RESOLUTION NO. 07-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE
TELEVISION FRANCHISE AGREEMENT WITH TIME WARNER
ENTERTAINMENT — ADVANCE/NEWHOUSE PARTNERSHIP
WHEREAS, the City of Palm Desert and Time Warner Cable entered a non
exclusive agreement to provide cable services within the community, which became
effective with the approval from the City Council of the City of Palm Desert; and
WHEREAS, the franchise agreement sets forth the franchise fee of five percent
(5%) within the City of Palm Desert; and
WHEREAS, in June 2006 the agreement expired and the City and Time Warner
have been operating under the expired agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
Section 1. This resolution is adopted in recognition of the following facts and
circumstances:
A. Time Warner Entertainment — Advance/Newhouse Partnership, dba
Time Warner Cable ("Time Warner"), is the authorized assignee of a cable television
franchise agreement that is dated October 11, 1984.
B. By the City Council's prior adoption of various resolutions, the cable
television franchise agreement between the City and Time Warner was extended
through and including June 30, 2006.
C. The City has determined that the public interest would best be
served by extending the duration of the cable television franchise agreement, with such
extension to be retroactive to June 30, 2006.
Section 2. The nonexclusive cable television franchise agreement between
the City of Palm Desert and Time Warner Cable is extended until such time as a
renewed cable television franchise agreement becomes effective, or until January 2,
2008, whichever may occur first.
Section 3. Neither the City Council's adoption of this resolution, nor the
acceptance of this resolution by Time Warner Cable, will be deemed to waive or alter
any rights of renewal, whether formal or informal, that either party may have under 47
U.S.C. Section 546.
RESOLUTION NO. 07-11
Section 4. If the attached "Acceptance of Resolution" has been signed by an
authorized representative of Time Warner Cable prior to the City Council's adoption of
this resolution, then this resolution will become effective on the date of its adoption.
Otherwise, this resolution will become effective on the date that Time Warner Cable
signs the "Acceptance of Resolution."
PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm
Desert City Council held on this 22nd day of February , 2007, by the following vote, to
wit:
AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHELLE D. KLAS0EN, CITY CLERk
CITY OF PALM DESERT, CALIFORNIA
RI HARD S.;4411
, MAYOR
The undersigned, who is an authorized representative of Time Warner Cable,
acknowledges and accepts the extension of the cable television franchise agreement
that is authorized by this resolution.
TIME WARNER ENTERTAINMENT — ADVANCE/NEWHOUSE PARTNERSHIP,
dba TIME WARNER CABLE
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