V(F) Approval and Authorization to Rescind Resolution No. 2003-22-Cable Television Franchise Agreement with Adelphia Agenda 03-16-04
Item V F
Mayor �e Cermet of Good Ll Commissioners
•S. Scott Vandergrift ..,.41"�-, Danny Howell,District 1
F Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Janet G. Shira,Assistant to the City Manager
DATE: March 8,2004
RE: Adelphia Cable Television Franchise Agreement
ISSUE
Should the Honorable Mayor and City Commissioners rescind the Resolution for a franchise for Adelphia
Cable Television?
BACKGROUND/DISCUSSION
Back in November 2003,Adelphia requested a cable television franchise for a limited area of Ocoee
(generally known as the new Westyn Bay development). The terms of the franchise agreement were
comparable to the current franchise with Bright House Networks. The major difference in the franchise
agreements was the territory they would serve. Where Bright House Network's franchise includes the entire
Ocoee city limits,the Adelphia franchise was drafted to include only the property in the Westyn Bay
subdivision.
Because of the difference in the franchise area,City staff and our legal counsel asked Adelphia to indemnify
the City if a lawsuit was brought against the City for the granting of the franchise. This would have
protected the City from having a potential financial liability as a result of granting the franchise.
At the November meeting,Adelphia agreed verbally with this requirement and was to forward the signed
indemnity document to the City.
RECOMMENDATION
Because Adelphia did not follow through with this requirement and because the time period for this to occur
has expired,staff respectfully recommends that the City Commission formally rescind the approval of
Resolution 2003-22.
Cc: Wanda Horton,Acting City Manager
Mary Sneed,Fowler&O'Qninn, Special Counsel, City of Ocoee
Chuck Blaine,Adelphia