HomeMy WebLinkAbout020 - 03/03/2015 - EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNI ORDINANCE NO. 020,.2015
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"), currently holds a cable
franchise (the "Franchise") with the City of Fort Collins, granted by Ordinance No. 010, 2006,
on March 7, 2006; and
WHEREAS, the Franchise is scheduled to expire by its terms on March 16, 2015; 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 90 days, concluding on June 14, 2015; and
WHEREAS, it is in the best interests of the citizens of the City to extend the term of the
Franchise for an additional 90 days; and
WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing
to this Franchise extension, and Comcast shall not be required to file any additional request or
document in order to preserve its right of renewal under Section 626 of the Cable Act; 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 90 days, to expire on June 14, 2015. 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
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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, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015.
pF FOnT M y r
ATTEST:
Tarau
City Clerk
Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
M or
ATTEST: A
-liezaXSEAL
CO000R0
City Clerk
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