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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/04/2005 - FIRST READING OF ORDINANCE NO. 116, 2005, EXTENDIN ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: October 4, 2005 FORT COLLINS CITY COUNCIL STAFF: Tom Vosburg SUBJECT First Reading of Ordinance No. 116, 2005 of the Council of the City of Fort Collins Extending the Terms of a Non-Exclusive Franchise By the City of Fort Collins to Comcast of California/Colorado LLC its Successors and Assigns for the Right to Make Reasonable Use of and Erect, Construct, Operate and Maintain Through the Public Rights-of-way,Easements And Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. RECOMMENDATION Staff recommends adoption of Ordinance on First Reading. EXECUTIVE SUMMARY The current Cable Franchise with Comcast of California/Colorado, LLC ("Comcast") will expire on November 2, 2005. Much progress has been made in the franchise renewal negotiations; however a few items remain unresolved. This extension will maintain the terms and conditions of the existing Franchise for approximately four months. BACKGROUND The current Cable Franchise Agreement was adopted by City Council on November 2, 1993, between the City of Fort Collins and The World Company ("Columbine"). The original franchise agreement term was 15 years;however, if the franchise was sold,the term would become 12 years. When Columbine sold the franchise to Heritage Cablevision of Delaware, Inc. ("TCI"), this provision took effect, resulting in an expiration date of November 2, 2005. The Federal Telecommunications Act allows cities and cable companies to begin negotiations up to 36 months prior to the expiration of a franchise. The City began the process in July, 2003 by issuing a Request for Proposal for consulting services to obtain a community needs assessment. Staff first met with City Council in February 2004 to present the needs assessment report, identify issues to be addressed in the negotiations, and obtain Council direction related to those issues. Over the course of the next 18 months, City staff and Comcast negotiators met frequently and negotiated terms for most of the franchise requirements. There are,however,three items that remain unresolved,and the City's proposal requires further discussion between Comcast representatives and their corporate office. ORDINANCE NO. 116, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND APPURTENANT TO THE OPERATION AND MAINTENANCE OF A CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO CITIZENS WITHIN THE CITY WHEREAS,Comcast of California/Colorado LLC("Comcast"),is the successor to Heritage Cablevision of Delaware, Inc. and The World Company and currently holds a cable franchise(the "Franchise") with the City of Fort Collins ("City"), granted by Ordinance No. 115, on October 19, 1993, and amended by Ordinance No. 169, on October 26, 1998; and WHEREAS, the Franchise is scheduled to expire by its terms on November 5, 2005; and WHEREAS, Comcast and the City are in the process of negotiating a renewal of the Franchise; and WHEREAS,Comcast and the City need additional time to complete negotiations,which the parties believe will take no more than 132 days, concluding on March 17, 2006; and WHEREAS, it is in the best interests of the citizens of the City to extend the term of the Franchise for an additional 132 days; and WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing to this Franchise extension; and WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the Franchise between Comcast and the City is hereby extended for a period of 132 days,to expire on March 17,2006. The Franchise shall remain in effect,pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise is terminated pursuant to its terms. Section 2. That if any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 3. That all other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced and considered favorably on first reading and ordered published this 4th day of October, A.D. 2005, and to be presented for final passage on the 18th day of October, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of October, A.D. 2005. Mayor ATTEST: City Clerk