HomeMy WebLinkAbout96-64 - Cable Television Franchise Dimension-Cox CommunicationsRESOLUTION NO. 96- 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CONSENTING TO THE SALE AND TRANSFER OF CONTROL OF
A CABLE TELEVISION FRANCHISE GRANTED TO DIMENSION CABLE
TO COX COMMUNICATIONS ORANGE COUNTY, INC., SUBJECT TO
CERTAIN CONDITIONS.
• WHEREAS, pursuant to Chapter 5.44 of the Municipal Code, the City Council
adopted Ordinance 1196 on December 6, 1966 granting to Community Cablevision
Company a franchise to operate CATV service; and
WHEREAS, the City Council adopted Ordinance 91 -42 on November 12, 1991
extending the franchise granted by Ordinance 1196; and
WHEREAS, the City Council adopted Ordinance 92 -83 on August 10, 1992
transferring the franchise granted by Ordinance 1196 to Times Mirror Cable (dba
Dimension Cable); and
WHEREAS, Dimension Cable seeks to transfer control of such franchise to Cox
Communications Orange County, Inc., a California Corporation; and
WHEREAS, Chapter 5.44 of the Municipal Code requires prior consent by the
City Council of such transfer and then only under such conditions as may be therein
presented.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Newport Beach hereby consents to the sale and transfer of control of the franchise
granted by Ordinance 1196 and extended by Ordinance 91 -42 to Cox
Communications Orange County, Inc., subject to the following conditions:
1. Cox Communications Orange County, Inc., shall comply with all
provisions of Chapter 5.44 of the Municipal Code as now written or as may be
amended from time to time.
2. Cox Communications Orange County, Inc., shall comply with all
provisions of the franchise granted by City of Newport Beach Ordinance 1196
adopted December 6, 1966.
3. Cox Communications Orange County, Inc., shall comply with all
provisions of Ordinance 91 -42 adopted November 12, 1991.
4. Cox Communications Orange County, Inc., shall provide up to twenty
(20) hours per month of video production services for non - profit public, educational or
government groups for the purpose of producing access programming including
cameras, camera person, editing, character generation, audio mixing and other post
production services necessary to complete programming.
5. Cox Communications Orange County, Inc., shall continue to dedicate
Channel 3 for exclusive Newport Beach community programming unless directed
otherwise by the City Manager.
6. Cox Communications Orange County, Inc. ( "Cox ") shall include in gross
• revenue reported to the City of Newport Beach ( "City ") for the purpose of calculating
franchise fee payments, 50% of the gross revenues received by Cox, or any affiliate of
Cox, directly related to the provision of cable service to subscribers in the City
including revenues received from the sale of advertising on the cable system.
7. Cox Communications Orange County, Inc., shall execute the acceptance
agreement attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach
hereby confirms unto Cox Communications Orange County, Inc., a California
Corporation, that with respect to the franchise granted to Dimension Cable:
Res. No. 96 -64
The franchise was properly granted;
2. The franchise is currently in full force and effect and expires on January
27, 2002;
3. The franchise supersedes all other agreements between the City of
Newport Beach and Dimension Cable;
• 4. The franchise and acceptance represents the entire understanding of the
City of Newport Beach and Dimension Cable, and Dimension Cable has made no
commitments and owes no obligation to the City of Newport Beach other than those
specifically stated in the franchise;
5. The City Council of the City of Newport Beach has not been advised of
any material noncompliance by Dimension Cable under the franchise as of the date
hereof; and
6. The City Council of the City of Newport Beach has not been advised as of
the date hereof of any known fact or circumstance which constitutes or which, with the
passage of time or the giving of notice or both, would constitute a default or breach
under the franchise, or would allow the City of Newport Beach to cancel or terminate
the rights thereunder, except upon the expiration of the full term thereof or as
otherwise provided in the franchise.
ADOPTED this 12th day of August 1996.
ATTEST:
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CITY CLERK
•
MAYOR