TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
DATE: April 9, 2001
SUBJECT: A Resolution Authorizing the Town Manager to Enter Into Negotiations to Renew a Franchise Agreement with The Peoples Channel, Inc., and to Execute an Agreement Substantially Consistent with the Current Agreement
The attached resolution would authorize the Town Manager to enter into negotiations with The Peoples Channel, Inc., to renew a performance agreement for provision of community access television, and to execute an agreement that will be substantially consistent with the current agreement.
On February 9, 1998, the Town Council entered into a performance agreement with The Peoples Channel, Inc., to provide community access television in Chapel Hill. The agreement was for a three-year period, with the following provision for renewal:
“This Agreement shall have a term of 3 years from its effective date unless otherwise terminated. This Agreement may be extended by mutual agreement.” Upon discussion with the Town Attorney, we have interpreted this provision to allow the present agreement to continue by not taking an action to terminate it.
On February 23, 2001, Mr. Robert Gwyn, President and Chair of The Peoples Channel’s Board of Directors, delivered a proposed performance agreement to the Manager’s Office. The Manager’s Office has begun reviewing the language of the agreement.
To our knowledge, no other groups have come forward to express interest in providing similar public access services.
The existing (1998) performance agreement does not require a new agreement to be approved by Council adoption. According to the current agreement, “The Town reserves the right to determine the process by which it will consider renewal or extension of this Agreement.” The Council may wish to consider the agreement in its full text. However, we believe that the provisions of the renewal can be addressed at the staff level, and have provided the attached resolution for your approval.
(An additional item on tonight’s agenda provides the Council with The Peoples Channel’s Annual Report for 2000.)
That the Council adopt the attached resolution, which would authorize the Manager to enter into negotiations with The Peoples Channel to renew a performance agreement for provision of community access television, and to execute an agreement that will be substantially consistent with the current agreement.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH THE PEOPLES CHANNEL, INC., TO RENEW A PERFORMANCE AGREEMENT FOR PROVISION OF COMMUNITY ACCESS TELEVISION, AND TO EXECUTE AN AGREEMENT THAT WILL BE SUBSTANTIALLY CONSISTENT WITH THE CURRENT AGREEMENT (2001-04-09/R-9)
WHEREAS, The Peoples Channel, Inc., is a non-profit corporation organized by area citizens to provide community access television in Chapel Hill; and
WHEREAS, The Peoples Channel’s existing performance agreement is up for review by the Town and possible renewal; and
WHEREAS, the existing performance agreement does not require further review by the Council, thus giving the Council the option to authorize the Manager to address renewal provisions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into negotiations with The Peoples Channel, Inc., to renew a performance agreement for provision of community access television and to execute an agreement that will be substantially consistent with the current agreement.
This the 9th day of April, 2001.