HomeMy WebLinkAboutAS2-City Attorney
cr;.y <?F SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: James F. Penman, City Attorney
Subject: Resolution approving an Extension to the
Tolling Agreement between the City of
aln/~/AI AL San Bernardino and TCl Cablevision of
nl""flt Cablevision of California to provide Cable
Service to Residents of San Bernardino
Dept: City Attorney
Date: November 18, 1996
Synopsis of Previous Council action:
Resolution No. 96-312a approving a tolling agreement through December 31,1996.
Recommended motion:
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Contact person:
Stacey R. Aldstadt
Phone:
5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.) N/A
(Acct. Description) N/ A
Finance:
Council Notes:
Res 96- 361
75-0262
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Agenda Item No.--A 5 J...
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5T AFF REPORT
Council Meeting Date: December 2.1996
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
Stacey R. Aldstadt, Deputy City Attorney
November 18, 1996
TCI Cablevision of California, Inc. is the current holder of a cable franchise within the City
of San Bernardino. TCI has approximately 200 cable subscribers in the City of San Bernardino.
TCI's cable franchise will expire on or about October 8, 1996.
In accordance with the provisions of the Cable Communications Policy Act of 1984, a federal
statute governing renewal of cable franchises, TCI had the right to demand renewal negotiations,
which they did in a timely fashion. However, due to changes in personnel, both with TCI and the
City, the informal renewal negotiations which had been progressing well were not completed prior
to the expiration date for the franchise.
TCI proposed that both parties enter into a Tolling Agreement, which has the effect of
extending the prior franchise agreement from October 8, 1996 through December 31, 1996, so that
the parties could continue negotiations for a new franchise agreement. On October 2, 1996, the
Council authorized the Mayor to sign the original Tolling Agreement.
Subsequent to execution of the Tolling Agreement TCI and the City arrived at a final version
of the cable franchise agreement.
There will be required a Resolution of Intention which will need to be published, followed
by a public hearing, prior to the time of the first reading of the proposed ordinance granting renewal
of the franchise. Consequently, an extension to the Tolling Agreement is necessary to allow the
parties to finalize the necessary resolutions and ordinance.
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EXTENSION OF
TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CA
and
TCI CABLEVISION OF CALIFORNIA, INC,
'.
1. On October 7, 1996, the City of San Bernardino, California ("San Bernardino") and TCI
Cablevision of California, Inc. ('TCI") entered into the attached Tolling Agreement which is
currently scheduled to expire on December 31,1996.
2. The parties agree to extend this Tolling Agreement until the sooner of March 31, 1997,
or the effective date of a renewed cable franchise agreement between the parties.
THIS AGREEMENT is fiTade and entered into this 2nd day of December, 1996.
CITY OF SAN BERNARDINO, CA
TCI CABLEVISION OF CALIFORNIA, INC.
By:
By:
Its:
Its:
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EXHIBIT "A"
.
TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CA
and
TCI CABLEVISION OF CALIFORNIA, INC.
"
In consideration of the mutual convenants and agreements contained herein, the City of San
Bernardino, California ('San Bernardino") and TCI Cablevision of California, Inc. ("TCI") agree
as follows:
1. TCI provides cable service to the citizens of San Bernardino.
2. San Bernardino and TCI desire to continue negotiations regarding the possible
extension, renewal or grant of a cable service franchise to TCI and to defer legal proceedings
or other actions by either-party during the pendency of such negotiatio.ns. Except as expressly
provided herein, neither San Bernardino nor TCI waive, will be deemed to have waived, or shall
be estopped from asserting any rights relating to those matters set forth in paragraph 3 below
due to the execution of this Agreement.
.
3. San Bernardino and TCI agree that, prior to December 31, 1996, they shall not file any
action on their own behalf or as part of a class action in any court of competent jurisdiction or
administrative agency asserting claims or defenses arising from or relating to TCI's continued
operation of a cable system within San Bernardino, its provision of the cable services to its
customers, or its commencement of renewal proceedings. San Bernardino further agrees that
during this time period, it will not undertake any hearings or make any findings with respect to
any such matters.
4. San Bernardino and TCI agree that any applicable statute of limitations or other repose
relating to the judicial or other review of any activities of the parties with respect to matters
discussed in paragraph 3 above, inciuding those contained in Sections 626 and 635 of the
Cable Communications Policy Act of 1984, 47 U.S.C.A. ~~ 546 and 555, shall be tolled. Any
claims, defenses or actions which could have been asserted with respect to such matters shall
be legally preserved.
5. For the purpose of this Agreement, the term "TCI" includes TCl's affiliates, subsidiaries,
successors, assigns and beneficiaries, including those claiming under and through it, and the
term "San Bernardino" includes San Bemardino's successors, assigns and beneficiaries,
including those claiming under and through it.
THIS AGREEMENT is made and entered into this 7th day of October, 1996.
CITY OF SAN BERNARDINO, CA
TCI CABLEVISION OF CALIFORNIA, INC.
By:
. Its:
By:
Its:
EXHIBIT "R"