HomeMy WebLinkAbout010 - 03/07/2006 - GRANTING A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC ORDINANCE NO. 010, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING 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 successorto Heritage
Cablevision of Delaware, Inc. and The World Company and currently holds a cable television
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 cable television franchise was extended by Ordinance No. 116, 2005 on
October 18,2005 until March 17,2006 or until a new agreement is entered into between the parties,
or until the cable television franchise is terminated pursuant to its terms; and
WHEREAS, Comcast and the City have been involved in negotiations for the past several
months related to the granting of a new cable franchise agreement to Comcast; and
WHEREAS, these negotiations have resulted in a proposed Franchise Agreement that is
being presented to City Council for its consideration and approval (the "Franchise Agreement:), a
copy of which is on file with the City Clerk; and
WHEREAS, the Franchise Agreement includes the following major terms and conditions:
(1)a term of nine years(2)a requirement that Comcast pay to the City a franchise fee of five percent
of the gross revenues that Comcast receives from the operation of its cable system within City rights-
of-way; (3) updated customer service standards; and (4) public, educational and governmental
funding for public access channels.
WHEREAS, Section 1 of Article XI of the City Charter and Section 6-3 of the City Code set
forth notice requirements that must be satisfied prior to the City granting a cable television franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, as follows:
Section 1. That the City Council hereby finds that the notice requirements of Section 1
of Article XI of the City Charter and Section 6-3 of the City Code relating to the granting of a cable
television franchise have been satisfied with respect to the granting of a cable television franchise
to Comcast under the terms and conditions of the Franchise Agreement.
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.
Section 4. That City Council finds that the City's grant of a cable television franchise
to Comcast in accordance with the terms and conditions of the Franchise Agreement is in the best
interests of the City and its citizens, and will meet the future cable related needs of the community.
Introduced and considered favorably on first reading and ordered published this 17th day of
January, A.D. 2006, and to be presented for final passage o e 7th day of March, A.D. 2006.
O
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of March, A.D. 2006.
Mayor
ATTEST:
�ll W • 4eAk'�Q
City Clerk