HomeMy WebLinkAbout116 - 10/19/1993 - EXTENDING THE TERM OF THE EXISTING FRANCHISE AGREEMENT WITH WORLD COMPANY DOING BUSINESS AS COLUMBIN ORDINANCE NO. 116, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE TERM OF THE EXISTING FRANCHISE AGREEMENT
WITH THE WORLD COMPANY, DOING BUSINESS
AS COLUMBINE CABLEVISION
WHEREAS, the City and The World Company, doing b iness as Columbine
Cablevision ("Columbine") , have previously entered into Franchise Agreement
dated September 5, 1978, pursuant to which the City gran d a cable TV franchise
to Columbine, giving Columbine permission to construct, ocate, and maintain upon .
the City's public streets and rights-of-way Colum ne's cable system ("the
Franchise Agreement") ; and
WHEREAS, on September 19, 1978, the Counc of the City of Fort Collins
adopted Ordinance No. 86, 1978, pursuant to ich approval of the Franchise
Agreement was submitted to a vote of the ele ors of the City of Fort Collins
("the Ordinance") ; and
WHEREAS, on November 7, 1978, the ectors of the City of Fort Collins
approved the Franchise Agreement; and
WHEREAS, under the Ordinance an pursuant to Section 5. of the Franchise
Agreement, the grant of the franc se under the Franchise Agreement became
effective on the date the Franchise greement was approved by the electors of the
City of Fort Collins; and
WHEREAS, Section 5. of th Franchise Agreement provides that the term of
the Franchise Agreement shall a in effect for a period of 15 years, commencing
with the date the Franchise A eement is approved by the electors of the City of
Fort Collins and terminatin 14 years and 364 days thereafter; and
WHEREAS, pursuant Section 5. of the Franchise Agreement, the term of
Columbine's cable TV fr chise with the City will expire November 6, 1993; and
WHEREAS, repres tatives of Columbine and the City have been involved in
negotiations for the ast several months relating to the granting of a new cable
TV franchise by the City to Columbine; and
WHEREAS, t ese negotiations have resulted in a new proposed franchise
agreement that as been presented to City Council for its consideration; and
WHEREA , if the City Council does not to approve the new, proposed
franchise a eement by adoption of an ordinance on second reading at its October
19, 1993, eeting, an extension of the term of the existing Franchise Agreement
will be n cessary to allow additional time for the City and Columbine to continue
further egotiations regarding the granting of a new franchise; and
WHEREAS, representatives of Columbine and the City have negotiated an
agr ment which proposes extending the term of the existing Franchise Agreement
fr November 6, 1993, to March 15, 1994, in consideration for Columbine agreeing
pay to the City, beginning on December 1, 1993, an increased franchise fee
rom 3% of Columbine's gross subscriber revenues collected to 5% of Columbine's
gross revenues collected; and
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WHEREAS, Sections 1 and 14 of Article XI of the City Charter set forth
notice requirements that must be satisfied prior to the City granting an
extension of an existing franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the notice requirements for the granting of an extension
of the term of the Franchise Agreement under Sections 1 and 14 of Article XI of
the City Charter have been satisfied.
Section 2. That granting an extension of the term of the Franchise
Agreement from November 6, 1993, until March 15, 1994, upon the terms and
conditions contained in Section 3 below, is in the best interests of the City and
its citizens so as to allow Columbine and the City additional time to negotiate
a new franchise agreement.
Section 3. That the Mayor is hereby directed and authorized to execute an
addendum to the Franchise Agreement that:
1) Extends the term of the Franchise Agreement from November 6,
1993, until March 15, 1994;
2) Increases as of December 1, 1993, the franchise fee to be paid
by Columbine from 3% of gross subscriber revenues collected to
5% of gross revenues collected;
3) Contains such other terms and conditions as the City Manager
determines are necessary to protect the interests of the City
and its citizens under the existing Franchise Agreement; and
4) Is in a form acceptable to the City Attorney.
Introduced, considered favorably on first reading, and ordered published
this 5th day of October, A.D. 1993, and to be presenter final passa a on the
19th day of October, A.D. 1993. r
Mayor
ATTEST:
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CityCityClerk
Passed and adopted on final reading this 19th day of October, A.D. 1993.
Mayor
ATTEST:
City Clerk