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R2004-159 09-27-04 RESOLUTION NO. R2004-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO LINE EXTENSION AGREEMENT WITH CHARTER COMMUNICATIONS FOR THE EXTENSION OF CABLE SERVICES INTO THE CITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and Charter Communications, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an agreement with Charter Communications for the extension of cable services into the City. PASSED, APPROVED and ADOPTED this the 27th day of September ., A.D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" Resolution No. R2004-159 LINE EXTENSION AGREEMENT THIS AGREEMENT is entered into this day between the City of Pearland, Texas ("City") and Charter Communications VI, LLC d/b/a Charter Communications (the "Company"). This non-exclusive agreement provides for the extension of cable services in to the City of Pearland, brought about by annexations from contiguous communities. Service areas and line extension policy. The Company may maintain its cable system ("System") in the City as it presently exists to serve the areas listed in Exhibit A, attached to this agreement and made part of this agreement. Such service areas were previously incorporated into the City by annexation from contiguous areas. In the event that the City annexes additional parcels whose customers are served by the Company, the Company may continue to provide cable services under the terms of this agreement without further approval by the City. However, the Company shall not extend its cable system beyond its current distribution network design, as shown in Exhibit A, attached to this agreement and made a part of this agreement, unless it otherwise obtains a franchise from the City, pursuant to Article 9, of the Pearland City Charter. I1. III. IV. Subscriber Rates. The rates charged customers in the City of Pearland shall be reasonable and in accordance with the guidelines set forth by the Federal Communications Commission. Additional Responsibilities. It will be the responsibility of the Grantee to obtain agreements from utilities, land owners, business, railways, local, state, and federal governing bodies as related to the maintenance of plants in the City of Pearland including easements, right of ways, pole attachments and joint anchoring. If, at any time during the period of the agreement, the City shall elect to alter or change the location or grade of any street, alley, or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. Term. This agreement shall commence upon execution by the Company and City of Pearland, and shall terminate only if the Company is required to obtain a franchise, pursuant to its understanding with the City under Paragraph I. VI. Amendments. Any additions to this Agreement may be made by mutual agreement between the Grantee and the City of Pearland. VII. Compensation. As compensation for permission to use the streets and public ways of the City, identified in Exhibit A, for t'he construction, operation, maintenance, modification and reconstruction of a cable system, the Grantee shall pay to the City an annual amount equal to five percent (5%) of the Grantee's Gross Revenues. "Gross Revenue" shall mean any revenue, as determined in accordance with generally accepted accounting principles, received by the Company from the operation of the cable system to provide cable services within the area it services, provided, however, that these shall not include any taxes, fee or assessment of general applicability collected by the Company from its customers for pass-through to a government agency, including FCC User Fee, franchise tee or unrecovered bad debt. Such payments will be made based on a calendar year, and be due to the City within ninety (90) days of the following year. VIII. Binding Agreement. This agreement is binding on the parties, their successors and assigns and transferees. Dated this ~day of September, 2004. For the City of Pearland: City Manager For Charter Communications VI, LLC d/b/a Charter Cc/mmunications: APPROVED AS TO FORM: City Attorney 53 EXHIBIT I '- Revision: 1'=200' stem: k~ ANIV~L MaD No. A~P $C~j~AT~C 1 � COMMUNICATIONS*Charter Susan M.Flynn Senior Paralegal 'TM A WIRED WORLD COMPANY,,, Government Relations Direct Dial: 314-543-2404 Email: sflynn@chartercom.com January 4, 2005 Mr. Bill Eisen, City Manager City of Pearland City Hall 3519 Liberty Drive Pearland, TX 77581 Re: Franchise/Line Extension Dear Mr. Eisen: I attach for you files the fully executed original Resolution No. R2004-159 with attached Line Extension Agreement between the City of Pearland and Charter Communications VI, LLC, dba Charter Communications. Charter Communications appreciates working with your community. If you have any questions or need additional information, please do not hesitate to call. Sincerely, Susan M. Flynn Sr. Paralegal — Government Relations smf Attachment cc: Paul Berra Charter Plaza• 12405 Powerscourt Drive •St.Louis,Missouri •63131-3674 www.chartercom• tel:314.965.0555 • fax:314.965.6640 • Darrin Coker To: ralmand@chartercom.com cc: Bill Eisen/COP@ci.pearland.tx.us '04/01/200411:01 AM Subject: line extension agreement Rick, • Thanks for meeting with me last week;it was nice to be able to put a face with your name and learn something about Charter. Per our discussions,please see attached a copy of a draft line extension agreement for your review.After you have an opportunity to review the agreement,please contact my office so I can address any questions you may have.The City would like to present an agreement to the City Council in April,so I look forward to hearing from you soon. • Line Extension Agreement.doc Darrin M.Coker City Attorney-City of Pearland 3519 Liberty Drive Pearland,TX 77581 Telephone:281-652-1678 Fax:281-652-1679 • Darrin Coker To: ralmand@chartercom.com cc: 04/19/2004 01:39 PM Subject: Agreement Have your guys had an opportunity to comment yet. It is fairly short and simple so it should not take long. Please let me know what I can do to assist. Darrin M.Coker City Attorney-City of Pearland 3519 Liberty Drive Pearland,TX 77581 Telephone:281-652-1678 Fax:281-652-1679 Darrin Coker To: ralmand@a charter.com cc: 04/30/2004 10:08 AM Subject: line extension agreement • Rick, It has been quite a while since we met,and the City has heard nothing. Is there a problem,if so,please let me know so we can address it.The City has been very patient and is ready to move forward. If we do not hear something soon, I will assume that Charter is not interested in such an agreement,and the can proceed accordingly.Thanks. Darrin M.Coker City Attorney-City of Pearland 3519 Liberty Drive Pearlard,TX 77581 Telephone:281-652-1678 Fax:281-652-1679 Darrin Coker To: ralmand@chartercom.com cc: 08/06/2004 02:06 PM Subject: line extension agreement Rick, I met with you and your staff in good faith with the understanding that you would follow through with your word. It has been approximately 5 months since I first contacted you.Since that time you have done nothing to indicate your willingness to cooperate with the City.As you know,the connections that you currently have in the City are there in the absence of written permission from the City.Consequently,the City will exercise whatever steps necessary to protect our rights of way and remove the infrastructure of those operating there without permission. If you desire to resolve this issue as previously discussed,please contact my office immediately. Darrin M.Coker City Attorney-City of Pearland 3519 Liberty Drive Pearland,TX 77581 Telephone:281-652-1678 Fax:281-652-1679 Forwarded by Darrin Coker/COP on 08/06/2004 01:57 PM Darrin Coker To: ralmand@charter.com 04/30/2004 10:08 AM cc: Subject: line extension agreement Rick, It has been quite a while since we met,and the City has heard nothing: Is there a problem,if so,please let me know so we can address it.The City has been very patient and is ready to move forward. If we do not hear something soon, I will assume that Charter is not interested in such an agreement,and the can proceed accordingly.Thanks. Darrin M.Coker City Attorney-City of Pearland 3519 Liberty Drive • Pearland,TX 77581 Telephone:281-652-1678 Fax:281-652-1679 • • "Almand,Rick" To: "'DCoker@ ci.pearland.tx.us"'<DCoker©a ci.pearland.tx.us> <Rick.Almand@a Charterc cc: om.com> Subject: RE:line extension agreement 08/06/2004 04:38 PM Darrin, Attached is an amended agreement from our government relations department. Original Message From: DCoker@ci.pearland.tx.us [mailto:DCoker@ci.pearland.tx.us] Sent: Friday, August 06, 2004 2:06 PM To: Almand, Rick Subject: line extension agreement Rick, I met with you and your staff in good faith with the understanding that you would follow through with your word. It has' been approximately 5 months since I first contacted you. Since that time you have done nothing to indicate your willingness to cooperate with the City. As you know, the connections that you currently have in the City are there in the absence of written permission from the City. Consequently, the City will exercise whatever steps necessary to protect our rights of way and remove the infrastructure of those operating there without permission. If you desire to resolve this issue as previously discussed, please contact my office immediately. Darrin M. Coker City Attorney - City of Pearland 3519 Liberty Drive Pearland, TX 77581 Telephone: 281-652-1678 Fax: 281-652-1679 Forwarded by Darrin Coker/COP on 08/06/2004 01:57 PM Darrin Coker To: ralmand@charter.com 04/30/2004 cc: 10:08 AM Subject: line extension agreement Rick, It has been quite a while since we met, and the City has heard nothing. Is there a problem, if so, please let me know so we can address it. The City has been very patient and is ready to move forward. If we do not hear something soon, I will assume that Charter is not interested in such an agreement, and the can proceed accordingly. Thanks. Darrin M. Coker City Attorney - City of Pearland 1V11.311 1V1dp.1 OG 11.1IIGVUV1lb -IVlap rllill rage I ul I fWtllring M�C1050ft \ MS/1. Maps & Directions , Ma�bint®Technology Pearland,Texas,United States • � � ,iiitis [ ry I I n� MapPoinY- 93 rill_ R " _11 ( I ' I92 it_s! ''' 1 — , . o i [801--- 4� ~ 3 ! 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