HomeMy WebLinkAboutOrdinance 1534C ITY OF WHEAT RIDGE, COL ORADO
INTRODUCED B Y COUNCILMEMBER POND
COUNC IL BIL L NO. 03
ORDINANC E 1534
Series of 2013
TITLE: AN ORDINANCE AMENDING T HE CABLE TELEVISION
F RANCHISE AGREEMENT BETWEEN THE C ITY OF
WHEAT RIDG E, COLORADO AND COMCAST OF
COLORADO IV, LLC , TO EXTEND THE TERM OF THE
FRANCHISE
WHEREAS , in the year 2001 , the Wheat Ridge City Council adopted
Ordinance No. 1216 granting the nonexclusive Fra nchise Agreement to TCI
Cablevision of Colorado , Inc. for its construction and operation of a cable
television system within the City; and
WHEREAS, Comcast of Colorado IV, LLC ("Comcast") is the successor in
interest to TCI Cablevision of Colorado, Inc.; and
WHEREAS, Section 2.2 of the Franchise Agreement provides that the
franchise g ranted to Comcast will expire on April 1, 2013 ; and
WHEREAS , Comcast has preserved its right of renewal by timely filing a
request with the City to activate the formal process for renewing the Franchise
pursuant to the provisions of the Cable Communications Policy Act of 1984
("Cable Act"); and
WHEREAS, City staff and Comcast of Colorado IV, LLC representatives
have discussed the renewal of the f ranchise and , both parties have agreed that
their respective interests will be served by a brief extension of the existing
Franchise Agreement; and
WHEREAS, the City Council is therefore agreeable to extending the
existing term of the Franchise Agreement from April 1, 2013, until December 31,
2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COUNC IL OF
THE CITY OF WHEAT RIDGE , COLORADO:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute, on behalf of the City, an amendment to the
Franchise Agreement with Comcast to extend the term of
the Franchise Agreement from April1 , 2013, until
December 31 , 2014.
Sectio n 2. Except as specifically modified hereby, the Franchise shall
remain in full force and effect.
S ection 3. Neither party waives any right which it enjoys under law as
a result of agreeing to this Franchise extension , and
Comcast shall not be required to file any additional req u est
or document in order to preserve its right of renewal under
Section 626 of the Cable Act.
Secti on 4 . Severabili ty, Conflicting Ordinances Repealed. If any
section , subsection or clause of this Ordinance shall be
deemed to be unconstitutional or ot herwise invalid , the
validity of th e remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts
of o rdinances in conflict with the p rovisions of t h is
Ordinance are hereby repealed.
Sect ion 5 . Effective Date. This ordi n ance shall take effect 15 days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to
0 on this 11th day of March, 20 13, ordered it publis h ed with Public Hearing and
consideration on final passage set for the 251h day, March , 2013 at 7 :00p.m ., in
the Cou n cil Ch ambers , 7500 West 29t h Avenue, Wheat R idg e , Colorado and that
it takes effect 15 days after final publication .
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of ....a_ t o _o__, this 25th day of varch , 2013.
ATIEST:
151 Publication: March 14, 2013
2"d Publication : ~srch :a , 2013
Wheat Ridge Transcript
Effective Date : April 12 , 2013
I
Gerald E. Dahl , City Attorney