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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