5460r
ORDINANCE NO. 5460
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM EXTENDING
FOR TWO YEARS THE NONEXCLUSIVE FRANCHISE PREVIOUSLY GRANTED
TO STORER T.V., INC., HERETOFORE ASSIGNED TO M.L. MEDIA
PARTNERS, L.P., FOR THE LAYING AND USE OF LINES, WIRES,
COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING,
RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND
OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON
THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE
CITY OF ANAHEIM.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS
The City Council finds and declares as follows:
1. The City Council of the City of Anaheim did adopt
Uncodified Ordinance No. 4087 setting forth the terms and conditions
of a cable television franchise and awarding said cable television
franchise to Storer Cable TV, Inc. ("Storer").
2. Said Ordinance No. 4087 has been amended by Ordinances
Nos. 4214, 4268 and 4353 (which four ordinances are collectively
referred to herein as the "Franchise").
3. Said Franchise has been transferred to M.L. Media
Partners, L.P. (the "Grantee") pursuant to Ordinance No. 4789.
4. The Grantee has submitted to the City a written
request for renewal pursuant to Section 626(a) of the Cable
Communications Policy Act of 1984, as amended (the "Cable Act").
5. The City of Anaheim will commence proceedings (the
"Ascertainment") for the purposes of (1) identifying the future
cable -related community needs and interest and (2) reviewing the
performance of the cable operator under the Franchise during the
then -current Franchise term.
6. The Grantee has communicated to the City of Anaheim
its desire to submit a proposal for renewal of its existing Franchise
upon completion of the Ascertainment.
7. The City of Anaheim desires to receive a proposal from
the Grantee upon completion of the Ascertainment.
8. The City of Anaheim and the Grantee desire to stay
formal renewal proceedings heretofore conducted pursuant to Section
626(a) of the Cable Act.
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9. The City of Anaheim and the Grantee now desire to
extend the existing Franchise upon its current terms and conditions,
without other modification or amendment, for a term of two (2) years
beyond its current expiration date to allow the renewal process to be
conducted in a reasonable and orderly manner.
10. Neither the City of Anaheim nor the Grantee intends to
waive, relinquish, or in any way relegate any right which it may
possess under Section 626(a) or any other section of the Cable Act or
under any other provision of law by extending the existing term of
the Franchise pursuant to this ordinance.
11. The public interest will be promoted by, and the City
Council desires to provide for, an orderly and comprehensive
procedure and methodology for the negotiation of a potential renewal
of the Franchise held by the Grantee.
SECTION 2.
The Franchise is hereby extended for two years by amending
Ordinance No. 4087, Section 8, Paragraph (b) thereof, entitled
"Duration of Grant," to read as follows:
" (b) The term of the franchise shall be seventeen (17 )
years commencing on the effective date of the franchise as
provided in Paragraph (a) of this section; provided that
upon written notice given by City or Grantee to the other
not less than one (1) year prior to the seventeenth (17th)
anniversary of the effective date, the terms and conditions
of this ordinance may be subject to renewal and
renegotiation as provided in Sections 1400, 1401, 1402,
1403, 1404, 1405 and 1406 of the City Charter for a
succeeding fifteen- (15-) year term. Renegotiations shall
be directed toward effecting alterations in the terms and
conditions of the franchise in order to reflect those
technical and economic changes which have occurred during
the interim period. If renegotiation prior to the end of
the term of the franchise does not result in agreement
between City and Grantee for continuance of the franchise
for a succeeding fifteen- (15-) year term, the franchise
shall terminate without further action by City at the end
of its first, seventeen- (17-) year, term."
SECTION 3.
Except as amended hereby, the original Franchise and all
its terms and conditions, as previously granted and amended by
ordinances of the City Council, shall continue in effect through and
including January 23, 1997.
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SECTION 4.
With the exception of the extension of the Franchise
described herein, this ordinance will not in any other way amend,
modify, increase, or otherwise affect the rights possessed by the
Grantee under said Franchise, with the exception of those amendments
and modifications expressly contained herein. This ordinance does
not grant a new Franchise or a renewed Franchise, nor in any way
increases or modifies the ability of the Grantee or any related
entity to claim any rights pursuant to Section 626 of the Cable Act,
or any other provision thereof.
SECTION 5.
The formal renewal proceeding previously initiated by the
Grantee shall be deemed stayed and brought to a standstill as of
September 1, 1994, subject to reactivation upon written notice by the
Grantee to the City or by the City to the Grantee. The formal
renewal proceeding specified in Sections 626(a) et seq. of the Cable
Act shall resume thirty (30) days after the receipt of such written
notice.
SECTION 6.
The City of Anaheim shall deliver to the Grantee the
results of the Ascertainment including, but not limited to, copies of
any and all subscriber information surveys, community institution
surveys, and technical surveys, within fifteen (15) days of
completion of the Ascertainment.
SECTION 7.
Any proposal that the Grantee desires to submit for the
renewal of its franchise within the meaning of Section 626 of the
_ Cable Act shall be submitted within forty-five (45) days of the
Grantee's receipt of the results of the Ascertainment.
SECTION 8.
As a condition of the Grantee's proposal being considered,
the Grantee shall reimburse ANAHEIM for its actual costs of the
renewal proceeding since its initiation, as incidental costs
including, without limitation, attorney fees; the costs of the
Ascertainment including, but not limited to, any technical or
engineering or consultant analysis; printing; postage; and other out-
of-pocket costs, in an amount not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) ("Reimbursable Costs"). The City
shall submit statements to the Grantee at such times as the City
determines, and the Grantee shall pay said statements within sixty
(60) days of receipt, up to a maximum of Fifty Thousand Dollars
($50,000.00). The Grantee shall pay the City the remaining
Reimbursable Costs, up to a maximum (including prior payments) of One
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Hundred Fifty Thousand Dollars ($150,000.00), as and when the City
Council's grant of a new or renewed Franchise becomes final and is
accepted by the Grantee. The Grantee shall not be entitled to
dispute any of the Reimbursable Costs up to the agreed aggregate
maximum amount described above, and the City is not required to
itemize to the Grantee the specific tasks performed for said
Reimbursable Costs but shall provide a breakdown and accounting by
category indicating the nature or type of Reimbursable Costs
incurred. The Grantee may dispute said expenses within the agreed
aggregate maximum amount only upon the basis that said Reimbursable
Costs were not incurred by the City, and the Grantee is not entitled
to dispute said expenses on the basis, among others, that said
Reimbursable Costs were unnecessary or unreasonable. Any payments
made by the Grantee to the City within the agreed aggregate maximum
amount pursuant to the Franchise constitute reimbursement for actual
incidental expenses incurred by the City and shall neither constitute
franchise fees nor be offset against any franchise fees payable to
the City.
SECTION 9.
Grantee may accept the two-year extension of the Franchise
authorized by this ordinance by delivering to the City Clerk a
letter, signed by an authorized representative of Grantee, stating
that (1) Grantee accepts the two-year extension of the Franchise upon
all the terms and conditions of the original Franchise and of this
ordinance including, but not limited to, provisions relating to
indemnification and insurance, and (2) such indemnification and
insurance obligations of Grantee shall extend also to any and all
damages, penalties and liabilities for which the City of Anaheim may
become obligated to a third party as a result of the adoption of this
ordinance, and any and all costs and expenses incurred by the City in
defending itself with regard to any and all damages, penalties and
liabilities mentioned above.
SECTION 10.
This ordinance shall become effective thirty days after
adoption or upon the City's receipt and the City Attorney's approval
of the letter referred to in Section 9 of this ordinance, whichever
occurs later.
SECTION 11. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance hereby adopted, be declared for any reason to be invalid,
it is the intent of the Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of
any such portion as may be declared invalid.
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SECTION 12. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 6th da ecember 1994.
xy
MAYO 15F THE CITY O NAHEIM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
9365.4\EEGAN\November 7, 1994 5
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 Ordinance
No. 5460 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th
day of November, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 6th day of December, 1994, by the following vote of the members thereof:
AYES:
MAYOR/COUNCIL:
Lopez, Zemel, Feldhaus, Daly
NOES:
MAYOR/COUNCIL:
None
ABSENT:
MAYOR/COUNCIL:
None
COUNCIL VACANCY:
COUNCILMEMBER:
One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5460 on the
6th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 6th day of December, 1994.
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. 5460 and was published once in the North Orange County News on the 15th day of
December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM