HomeMy WebLinkAboutCity Council Resolution 00-020 RESOLUTION 0 0 - 0 2 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AMENDMENT TO FRANCHISE TRANSFER AGREEMENT WITH TCI
CABLEVISION OF CALIFORNIA, INC., dba AT&T CABLE SERVICES AND AUTHORIZING CITY
MANAGER TO EXECUTE THE AMENDMENT
WHEREAS, the Franchise Transfer Agreement between TCI of Cleveland, Inc., TCI Cablevision
of California and the City of Saratoga entered into February 27, 1996 required that KSAR, the local
community access station, be carried on cable channel 6; and
WHEREAS, in 1999 TCI of Cleveland, Inc. and TCI Cablevision of California, Inc., merged with
AT&T, now doing business as AT&T Cable Services; and
WHEREAS, in September, 1999, a dispute arose between the City and AT&T Cable Services
whereby the City asserted that AT&T was prohibited by the Franchise Transfer Agreement from relocating
KSAR to cable channel 15; and
WHEREAS, the City of Saratoga and the Town of Los Gatos initiated a court action entitled
"Town of Los Gatos and City of Saratoga v. Telecommunications ("TCI") of Cleveland, Inc., et al., seeking
judicial relief in the dispute regarding channel relocation; and
WHEREAS, the parties to the lawsuit subsequently entered into a settlement of the lawsuit,
wherein the City agreed, for certain consideration, to relinquish its claim that KSAR must remain on cable
channel 6;
THEREFORE, BE IT RESOLVED to reflect the agreement reached by the parties in settling the
lawsuit, the Franchise Transfer Agreement must be amended as set forth in the attachment (Amendment to
CATV Franchise Transfer Agreement and Amendment to Agreement Regarding AT&T/TCI settlement).
PASSED AND ADOPTED this 5 th day of Ap ri 1., 2000, by the following vote:
COUNCIL MEMBERS:
AYES: Waltonsmith, Baker, Streit, Mehaffey
NAYS: None
ABSENT: Bogosian
ABSTAIN
None ~ ~ AAA
SA~YtTOGA, CALIFORNIA
/~_~EST:
CLERK OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA