1990/09/11 City Council ResolutionR.E-S(--JLUTIO1\J NO. -j()-_208
A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL
APPROVING AN EXTENSION OF A LETTER AGREEMENT
WITH M L MEDIA CABLE TV
WHEREAS, the Rohnert Park City Council did approve Resolution No.
88-74 on the 12th day of April, 1988 authorizing the City Manager to
execute a Letter Agreement with M 1, Media Cable TV, a copy of which is
attached to this Resolution and marked Exhibit "A", for operation of a
cable TV system within the City of Rohnert Park; and
WHEREAS, the Rohnert Park City Council did approve Resolution No,
90-114 on the 22nd day of May, 1990 authorizing an extension of the
Letter Agreement with 54 11 Media Cable TV until August 31, 1990; and
WHEREAS, the staff of the City of Rohnert Park together with
certain agents and representatives employed or retained by the City
have conducted extensive negotiations With representatives of M L
Media Cable TV relative to a renewal of the M L Media Cable TV
franchise in Rohnert Park; and
WHEREAS, said negotiations will not be completed by August 31,
1990
NOW THEREFORE, ESE IT HEREBY RESOLVED by the Rohnert Park City
Council that it does approve an extension of the terms of the Letter
Agreement for a period ending on November 30, 1990 under the terms and
conditions and in the form shown on the attached Exhibit "A" and it.
does further hereby appoints the City Manager as agent of the City of
Rohnert Park to conduct all. negotiations and execute all documents
necessary for the implementation of such an extension,
DULY AND REGULARLY ADOPTED by the Rohnert Park City Council this
1"dav 14
of September ? 19 0.
CITY OF ROHNERT PARK
Mayor
ATTEST:
DeDulf CU? Clerk
CAI If
COCHRAN.. AYE
-- ECK —' HOPKINs L'—SPA 'L501-LINGSWORTF, AYE
AYES —4) NOES –2—) ABSENT L' L ABSTAIN (0)
11L Media Cable TV
March 21, 1988
Mr. Joseph D. Netter
Assistant to City Manager
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, California 94927
Re: ML Media Partners, L.P
dba MultiVision Cable TV Corp.
Extension of Franchise, Rohnert Park
Dear Mr. Netter:
EXHIBIT "A"
3041 East Miraloma Avenue
Anaheim, CA 92806
(714) 632 -9222
This will refer to the recent negotiations between your office and
representatives of ML Media and advise you that ML Media will agree to
the following in furtherance of the negotiations and as demonstration
of good faith, in consideration of the City's agreement to continue
negotiating in good faith during the extension period on appropriate
terms for a customary leng t, ver renewal of the franchise.
1. The existing cable television franchise will be
extended to May 31, 1990.
2. ML Media will provide no later than January 31, 1989,
40 operable downstream (outbound to subscribers) video
channels with a 330 MHz upper operating frequency.
3. ML Media will provide carriage of a distant signal
"super station" no later than January 31, 1989. Specific
station selection will be made following subscriber input.
All costs of providing the "super station" will be absorbed
by ML Media.
4. ML Media agrees that it will not collapse tiers (merger
of the basic level with second tier level) until on or after
January 1, 1989.
5. ML Media will continue to offer Public, Educational and
Governmental (PEG) access. In that regard, ML Media agrees
to consider, address and cooperate with community television
needs as those needs are brought to its attention.
.Y
M=. Joseph D. Better
Karch
21, 1988
Page Two
6. The franchise fee currently being paid to the City of
Rohnert Park will continue to be paid to the City of Rohnert
Park by ML Media in the same percentage and under the same
terms and conditions as it is currently being paid.
7. ML Media shall reimburse the City of Rohnert Park for
reasonable expenses incurred in franchise extension
negotiations, not to exceed $15,000.
The terms of this letter agreement will be incorporated into the
franchise agreement between ML Media and the City of Rohnert Park and
will also be incorporated and adopted, as needed, into existing City
ordinances. The existing franchise, as amended and extended, will
comply with Rohnert Park Ordinance Number 486, and shall not be deemed
a new or renewal franchise.
The City of Rohnert Park acknowledges that the right to formal
franchise renewal proceedings as provided by the Federal Cable Act has
been reserved for the existing franchise and that this right may be
re- activated in advance of expiration of the franchise as extended to
May 31, 1990, by notice to the City. ML Media acknowledges that any
such re- activation shall not affect the terms of this franchise
extension as set forth above.
Thank you for your consideration in this matter.
Very truly yours,
John T. Merritt
Vice President Operations
ML Media Partners, L.P.
Dated:
Agreed and Accepted
Cit Rohne r Park