HomeMy WebLinkAbout116 - 10/18/2005 - EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY THE CITY TO COMCAST OF CALIFORNIA/COLORADO, LLC 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,ComcastofCalifomia/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:
)�,�k -�1 -". —
City Clerk
Passed and adopted on final reading this 18th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk