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HomeMy WebLinkAboutAS2-City Attorney cr;.y <?F SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ; , 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: '~s{j}~ 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 SRNfCI-2.RCA I f)./ J- /0; 0 . . Agenda Item No.--A 5 J... .. 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. SRAlAO[tcistaff.rpl] . . . 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: :. " .. 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"