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2002/06/11 City Council Resolution (4)RESOLUTION NO. 2002-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND AUTHORIZING CITY MANAGER TO SIGN AN AGREEMENT WITH JIM REGAN TO PROVIDE ENGINEERING CONSULTING SERVICES FOR UPGRADES OF CITY'S CABLE TV SYSTEM PROPOSED BY AT &T /COMCAST CORPORATION WHEREAS, on February 28, 2002, AT &T Broadband filed an FCC Form 394 Application requesting that the City approve a transfer of control of the of the Rohnert Park cable television system franchise holder (TCI of East San Fernando Valley) from AT &T Broadband to AT &T /Comcast Corporation; and WHEREAS, FCC rules and the terms of the Franchise Agreement require that the City Council act to approve or disapprove the transfer request within 120 days, or by June 28, 2002, or the transfer is automatically deemed to be approved, and that the local franchising authority may consider the new corporations financial, legal, and technical qualifications and may require resolution of past and current franchise non - compliance as a condition of approval; and WHEREAS, the City is currently in the process of negotiating with AT &T Broadband regarding outstanding franchise non - compliance issues, including the issue of lesser service to Rohnert Park than is provided to other Sonoma County communities (as defined in the 1999 Transfer Agreement to AT &T Broadband); and WHEREAS, AT &T is proposing to add some digital channels to program line up via customer TV set boxes as of August 1, 2002, followed by a later upgrade of unknown scope; and WHEREAS, the City needs engineering assistance to technically evaluate and advise the City about the AT &T proposal, determine a reasonable timeline for completion, and determine technical changes needed to upgrade cable system in compliance with franchise requirements and meet current and future needs of Rohnert Park citizens; and WHEREAS, the Consultant is qualified and experienced to provide such services. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park that the Agreement between Jim Regan and the City of Rohnert Park for engineering consulting services to review and advise the City regarding the AT &T Broadband proposal and timeline to modify and upgrade the Rohnert Park cable television system is hereby approved; and BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that the City Attorney is hereby authorized to negotiate language changes in the Agreement as she deems necessary, and the City Manager is hereby authorized to sign the Agreement on behalf of City. DULY AND REGULARLOPTED by the City Council of the City of Rohnert Park this 11th day of June 2002. jt0"N Rr .PaMK ATTEST: Clerk MACKENZIE: AYE REILLY: AYE AYES: (4) NOES: (0) CITY OF ROHNERT PARK VACANCY: N/A VIDAK- MARTINEZ: AYE FLORES: AYE ABSENT: (0) ABSTAIN: (0)