HomeMy WebLinkAboutReso 17-2003RESOLUTION NO. 17-2003
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE SECOND AMENDMENT TO
THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND COMCAST OF
CALIFORNIA IX. INC.
WHEREAS, a Cable Television Franchise Agreement ("Franchise Agreement") between
the City and Western TV Cable was approved by the City Council on January 10, 1996; and
WHEREAS, Western TV Cable was succeeded in interest as the franchise grantee by TCI
Cablevision of Califomia ("TCI"); and
WHEREAS, the Franchise Agreement was first amended pursuant to a letter agreement
between the City and TCI, dated May 12, 1999; and
WHEREAS, the name of the franchise grantee has been changed to Comcast of
California IX, Inc. ("Grantee"); and
WHEREAS, the City and Grantee now desire to further amend the Franchise Agreement
by extending the term of the Franchise Agreement from twelve (12) to fourteen (14) years and by
increasing the franchise fee from two and one-half percent (2.5%) to five percent (5%).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco does hereby:
1. Approve the Second Amendment to the Cable TV Franchise Agreement as set forth
in Exhibit A, attached hereto.
2. Authorize the City Manager to execute, on behalf of the City, the Second Amendment
to the Cable TV Franchise.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 12thday of
February 2003 by the following vote:
AYES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Raymond L.
Green, Mayor Pro Tern Karyl Matsumoto and Mayor Pedro Gonzalez
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
eputy City Clerk
EXHIBIT A
SECOND AMENDMENT
TO THE CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND COMCAST OF
CALIFORNIA IX, INC.
This Second Amendment to the Cable Television Franchise Agreement ("Second
Amendment Agreement") is made and entered into as of ,2003 by and
between Comcast of California IX, Inc., a California corporation ("Grantee") and the
City of South San Francisco, a municipal corporation ("City"), organized and existing
under the laws of the State of California.
RECITALS
WHEREAS, a Cable Television Franchise Agreement ("Franchise Agreement")
between the City and Western TV Cable was approved by the City Council on January
10, 1996; and
WHEREAS, the Franchise Agreement provided for a minimum term of 12 years
and required Western TV Cable to pay City 2.5% of the Gross Annual Revenues received
by Western TV Cable from the operation of the cable system in the City of South San
Francisco; and
WHEREAS, Westem TV Cable was succeeded in interest as the franchise
grantee by TCI Cablevision of California ("TCI"); and
WHEREAS, the Franchise Agreement was first amended pursuant to a letter
agreement between City and TCI, dated May 12, 1999; and
WHEREAS, the name of the franchise grantee has been changed to Comcast of
California IX, Inc. ("Grantee"); and
WHEREAS, City and Grantee desire to amend the provisions of the Franchise
Agreement by extending the term of the Franchise Agreement from twelve (12) to
fourteen (14) years and by increasing the franchise fee from two and one-half percent
· (2.5%) to five percent (5%);
NOW THEREFORE, the parties hereto agree as follows:
AGREEMENT
1. The Franchise Agreement was entered into January 1, 1996.
2. The Franchise Agreement was first amended on May 12, 1999.
3. Section 1.4 "Duration" is amended to read as follows:
"The term of renewal shall be fourteen (14) years from the effective date, hereof,
at which time it shall expire and be of no force and effect unless renewed. Renewal shall
be in accordance with applicable law."
4. Section 2.2 "Franchise Fee" is amended to add the following sentence:
"Beginning March 1, 2003, the annual franchise fee paid by Grantee shall
increase from two and one-half percent (2.5%) to five percent (5%) of Gross Annual
Revenues received by Grantee from operation of the cable system in the City of South
San Francisco."
5. All other terms and conditions in the Franchise Agreement, entered into
January 1, 1996, and as previously amended on May 12, 1999, remain in full force and
effect to the extent they are not in conflict with the aforementioned revised language.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day
and year first above written.
CITY OF SOUTH SAN FRANCISCO
DATED: BY:
Michael A. Wilson, City Manager
COMCAST OF CALIFORNIA IX, INC.
DATED:
BY:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Steven T. Mattas, City Attorney
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