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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: December 11, 2001

Subject/Title: Approve amendment to Resolution No. 2408 relating to the AT&T Franchise Agreement

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Staff recommends that Resolution No. 2408, Section 1 be deleted as it conflicts with Section 2.

PREVIOUS ACTION
City Council on November 13, 2001 approved Resolution 2408 granting a franchise renewal to AT&T Broadband. Section 1 permitted the franchise to be renewed for the period between October 1, 2001 to September 30, 2004. Section 2 would grant a renewal for a two-year period or between October 1, 2001 and September 30, 2003. Section 1 was an alternative to Section 2. Staff failed to recommend a term to the City Council.

BACKGROUND
The City’s telecommunications consultant, David Kinley, has recommended a two-year term rather than the three-year renewal in order to expedite negotiations with AT&T Broadband.


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMENDING RESOLUTION 2408 TO DELETE SECTION 1

WHEREAS, by Resolution No. 83-33, adopted June 28, 1983, the City Council of the City of Brentwood entered into a License Agreement with Televents of East County, Inc., a Nevada corporation, currently doing business as AT&T Broadband under which the former entity obtained a franchise to provide a cable television system and service to the residents of the City of Brentwood; and 

WHEREAS, on September 8, 1998, the City Council adopted Resolution No. 98-160 extending the term of the Cable Television Franchise with TCI Cablevision of Contra Costa County until September 30, 2001;

WHEREAS, on November 3, 2001, the City Council approved a resolution, No. 2408, that contained conflicting sections concerning the term of the AT&T Franchise Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

Section 1 of Resolution 2408 is hereby amended to delete.

PASSED by the City Council of the City of Brentwood, at its regular meeting of December 11, 2001 by the following votes: 

AYES:

NOES:

ABSENT:


APPROVED:


Michael A. McPoland, Mayor

ATTEST:


________________________
Karen Diaz, CMC, City Clerk

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