Res 92-138RESOLUTION NO. 92-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA APPROVING THE REVISIONS
TO THE CABLE TELEVISION FRANCHISE WITH SOUTHWESTERN
CABLE TV (TIME WARNER ENTERTAINMENT COMPANY, L.P.)
WHEREAS, Southwestern Cable TV possesses a franchise to
construct and operate a cable television system within the City
of Poway, which was approved by Resolution No. 89-163; and
WHEREAS, the City Council of the City of Poway has
determined that it would be in the public interest to approve the
revisions to the Franchise upon the terms and conditions
contained in the Franchise Agreement on file in the City Clerk's
Office; and
WHEREAS, the revisions ensure consistency between the City's
cable franchises; and
WHEREAS, the acts contained in this resolution are commenced
pursuant to the authority of the City Council contained in
Chapter 5.60 of the Poway Municipal Code; and
WHEREAS, none of the franchise revisions adversely affects
the public interest.
NOW, THEREFORE BE IT RESOLVED, that the City Council does
hereby approve the following revisions to the Southwestern Cable
TV Franchise:
Section 4 - Duration of Grant
The term of this Franchise shall be fifteen (15) years,
as potentially extended pursuant to subsection (c)
below and Section 12 (B), up to a maximum term of
twenty-one (21) years, commencing on the Effective
Date.
The term of the Franchise shall be fifteen (15) years
from the Effective Date. Notwithstanding the foregoing
or Section 626 of the Cable Act, if: 1) Franchisee
upgrades the Cable System beyond the specifications
called for herein at any time prior to the tenth
anniversary of the Effective Date of the Franchise or
2) Franchisee and City mutually agree that such upgrade
is not necessary to meet the cable related needs of the
City and the Subscribers, Franchisee shall be entitled
to an automatic five (5) year extension to the term of
this Franchise unless the Franchisee has already
received an extension pursuant to Section 12 (B). The
maximum number of years that this Franchise may be
extended pursuant to either Section 4 (C) or Section 12
(B), or any combination thereof, is six (6) years, for
an aggregate maximum Franchise term of twenty-one (21)
years. For the purposes of this section, "upgrade"
shall mean a system reconstruction, which results in a
material increase in the System's channel capacity,
improved electronics, the introduction of new
Resolution No. 92-138
Page 2
technology, the improvements in PEG facilities and
equipment specified in Section 9, or similar
improvements, which are approved by the City in
advance, not including the upgrade pursuant to this
Agreement, which approval shall not be unreasonably
withheld.
SECTION 9 - SERVICE TO CITY, PUBLIC SCHOOLS, AND THE COMMUNITY
The payment to the City of a Studio Grant of $15,000
(the "PEG" Capital Budget"). The City shall utilize
said PEG Capital Grant to purchase and install PEG
Studio Equipment and/or other PEG related capital costs
to be selected at the sole discretion of the City, in a
location to be selected and designated by the City.
Upon purchase, the equipment shall become its property
and the City shall assume responsibility for all
maintenance and security except as provided in
subparagraph 5 below.
The dedication of a budget of $14,000, which will be
made available to the city in two equal installments of
$7,000 on the fifth and tenth anniversary of the
Effective Date of the Franchise for the purpose of
replacing/upgrading equipment purchased with the PEG
Capital Budget (the "PEG Capital Replacement Budget").
The PEG Capital Replacement Budget shall be utilized in
the City in a manner substantially similar to the
manner in which the PEG Capital Budget was expressed by
the City.
The parties to this Agreement specifically agree and
acknowledge that the monies either paid to the City, or
expended for the benefit of the City, pursuant to this
Section are not Franchise Fees within the meaning of
the Cable Act and are thus not offsetted, or
offsetable, against Franchise Fees due to the City
under this Agreement.
Section 12 (B) - Review and Update Procedures
Second paragraph:
At the fifth year review session, the topics for
discussion and review shall include compliance with the
terms and conditions of this Franchise Agreement and
Ordinance, any developments in the law since issuance
of the Franchise, Services Provided, System application
of new technologies, System Performance, Customer
Service, and any other topics which the parties shall
mutually agree to.
Resolution No. 92-138
Page 3
Sixth paragraph:
At the tenth year review session, the topics for
discussion and review shall include those specified for
the fifth year review and shall also include any other
topics to be specified by the City or the Franchisee.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Poway, California at a regular hereof, this 23rd day
of June, 1992.
ATTEST:
m~ting l
~ay~or
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify that the foregoing Resolution, No. 92-138 , was
duly adopted by the City Council at a meeting of said City
Council held on the 23rd day of June, 1992, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO
NONE
NONE
GOLDSMITH
Wahlsten, city Clerk