5587ORDINANCE NO. 5587 ORIGINAL
AN EMERGENCY ORDINANCE OF THE CITY OF ANAHEIM
APPROVING THAT AGREEMENT ENTITLED "AN
AGREEMENT AMONG THE CITY OF ANAHEIM, CENTURY
VALLEY CABLE CORP., AND CENTURY COMMUNICATIONS
CORPORATION EXTENDING THE FRANCHISE GRANTED
PURSUANT TO ORDINANCE NO. 4087, AS TRANSFERRED
AND AMENDED, AND ESTABLISHING CERTAIN TERMS
AND CONDITIONS RELATING TO THE RENEWAL
APPLICATION OF CENTURY VALLEY CABLE CORP. AND
CENTURY COMMUNICATIONS CORPORATION, AND
SETTING FORTH CERTAIN OTHER AGREEMENTS BY AND
AMONG THE PARTIES" AND TAKING CERTAIN ACTIONS
IN RELATION THERETO.
WHEREAS, the City Council of the City of Anaheim (the "City")
did enact Ordinance No. 4087 setting forth the terms and conditions
of a cable television franchise (the "Franchise") and awarding said
Franchise to Storer Cable T.V., Inc. ("Storer"); and
WHEREAS, said Ordinance No. 4087 has been amended by Ordinance
Nos. 4214, 4268, 4353 and 5460; and
WHEREAS, said Ordinance No. 4087, and the Franchise, had been
transferred to M.L. Media Partners, L.P. ("ML") pursuant to
Ordinance No. 4789; and
WHEREAS, the City and ML entered into that agreement entitled
"An Agreement Between the City of Anaheim and M.L. Media Partners,
L.P. Extending the Franchise Granted Pursuant to Ordinance No.
4087, as Transferred and Amended, and Establishing Certain Terms
and Conditions Relating to the Renewal Application of M.L. Media
Partners, L.P., and Setting Forth Certain Other Agreements By and
Between the Parties" (the "Extension Agreement"); and
WHEREAS, the Extension Agreement was approved by Ordinance No.
5460; and
WHEREAS, the Extension Agreement did extend the Franchise upon
its then -current terms and conditions, without modification or
amendment, for a terms of two (2) years beyond its then -current
expiration date to allow the renewal process to be conducted in a
reasonable and orderly manner; and
WHEREAS, the Franchise and Extension Agreement were
transferred, with the consent of the City, to Century Valley Cable
Corp. ("CVCC") and Century Communications Corporation ("CCC") (CCC
and CVCC shall collectively be referred to as "Century"); and
WHEREAS, pursuant to that agreement entitled "Agreement
Relating to the Consent of the City of Anaheim to the Transfer of
the Franchise Agreement Held by M.L. Media Partners, L.P." (the
"Transfer Agreement"), Century has assumed, among other things, the
Franchise and the Extension Agreement; and
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WHEREAS, Century is now, pursuant to the Transfer Agreement,
a party to the Extension Agreement; and
WHEREAS, Century has filed a notice with the City invoking the
formal renewal provisions of Section 626(a) of the Cable
Communications Policy Act of 1984, as amended (the "Cable Act");
and
WHEREAS, the formal renewal provisions of the Cable Act are
best implemented through an extension of the Franchise Agreement
during the conduct of those proceedings so that the Franchise does
not lapse or otherwise expire; and
WHEREAS, Section 626 of the Cable Act preempts any local
requirements to the contrary; and
WHEREAS, the City and Century, as successor in interest to ML,
now desire to extend the Franchise for an additional twelve months
so as to terminate on January 23, 1998, by way of amendment to the
Extension Agreement; and
WHEREAS, the City Council of the City of Anaheim has
determined that it would be in the public interest to approve that
agreement entitled "First Amendment to an Agreement Among the City
of Anaheim, Century Valley Cable Corp., and Century Communications
Corporation Extending the Franchise granted pursuant to Ordinance
No. 4087, as Transferred and Amended, and Establishing Certain
Terms and Conditions Relating to the Renewal Application of Century
Valley Cable Corp. and Century Communications Corporation, and
Setting Forth Certain Other Agreements By and Among the Parties"
(the "First Amendment") and authorize the Mayor or City Manager to
execute same.
NOW, THEREFORE, the City Council of the City of Anaheim does
hereby ordain as an emergency ordinance as follows:
Section 1. That agreement entitled "First Amendment to An
Agreement Among the City of Anaheim, Century Valley Cable Corp.,
and Century Communications Corporation Extending the Franchise
Pursuant to Ordinance No. 4087, as Transferred and Amended, and
Establishing Certain Terms and Conditions Relating to the Renewal
Application of Century Valley Cable Corp, and Century
Communications Corporation, and Setting Forth Certain Other
Agreements By and Among the Parties" is hereby approved and
adopted and the Mayor or City Manager is hereby authorized and
directed to execute the same on behalf of the City of Anaheim.
Section 2. Said extension shall extend the Franchise to
January 23, 1998 but shall not be deemed valid and enforceable
until the Extension Agreement is properly executed by all parties
thereto.
Section 3. Based upon the facts described above, and due
to the need under federal preemptive law to extend the Franchise
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immediately to avoid a lapse, the City Council declares that the
preservation of the public peace, health, or safety requires that
this Ordinance become effective immediately pursuant to Government
Code Section 36937.
MAYOR OF THE CITY OF ANAHSqR
Attest:
l% 92:4 .oma
CITY CLERK
Approved as to form:
CITY jATTORNEY
124/012377-0034/3043847.1 a01/06/97 —3—
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency
Ordinance No. 5587 was duly passed and adopted at a regular meeting of the City Council of the City
of Anaheim held on the 14th day of January, 1997 and after reading of the ordinance in full by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 55 on
the 14th day of January, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 14th day of January, 1997.
CITY CLERK OF THE CITY OF ANAHEIM -
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Ordinance No. 5587 and was published once in the North County News on the 23rd day of,
January, 1997.
I C"C;
CITY CLERK OF THE CITY OF ANAHEIM