HomeMy WebLinkAboutOrdinance 6385 07/02/2018 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6'185 (EMERGENCY)
AN ORDINANCE TO EXTEND THE TERM OF ORDINANCE 6208 GRANTING TO COMCAST OF
OREGON II, INC. A FRANCHISE FOR OPERATION A CABLE TELECOMMUNICATIONS
SYSTEM, ADOPTING A SEVERABILITY CLAUSE, DECLARING EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Cities of Springfield and Eugene together with Lane County granted a franchise to
Comcast of Oregon II, Inc. ("Comcast") for the operation of a cable communication system and have
designated the Metropolitan Policy Commission (MPC) as the representative of the local franchising
authorities in administration of the franchise;
WHEREAS, the City of Springfield enacted Ordinance 5567 on May 20, 1991, granting said franchise;
WHEREAS, the City of Springfield enacted Ordinance 6208 on November 20, 2007, amending and
renewing said franchise through August 1, 2018;
WHEREAS, the federal Cable Act requires a franchise for the operation of cable telecommunications
systems and provides for a formal or informal renewal process under the Cable Act;
WHEREAS, the Cities of Springfield and Eugene, Lane County, and Comcast are currently negotiating
under the Cable Act's informal process to renew Comcast's cable franchise and the parties anticipate
those negotiations will not be completed prior to August 1, 2018; and
WHEREAS, the Cities of Springfield and Eugene, and Lane County have determined that it serves the
public welfare to extend the term of the current franchise from August 1, 2018 to January 1, 2019,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The franchise granted to Comcast in Ordinance 6208 shall be extended up to and
through January 1, 2019.
Section 2. The City and Comcast agree that execution of this extension does not waive any
rights that either party may have under Section 626 of the Cable Act or other provision of federal,
state, or local law.
Section 3. Savings Clause. Other than the duration of the franchise set forth herein,
Ordinance 6208 shall continue in full force and effect.
Section 4. Effective date of Ordinance. It is hereby found and determined that the matters
relating to the extension of this Franchise are matters affecting public welfare and that an emergency
therefore exists, and this Ordinance shall therefore take effect immediately upon its passage by the
Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this day of J„1 y , 21118
by a vote of 5 for and 0 against. (absent 1 - Wylie)
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APPROVED by the unciof t1 Lit of Springfield this 2 day of 1 y , _2O18
-. Sean V2fl3xordon, L`oo_netAr resident.
ATTEST:
Citycord
41EWED &APPROVED
AST• FOM
S
DA E: in
OFFICE OF CITY ATTORNEY
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ORDINANCE NO. 6385
WRITTEN ACCEPTANCE OF ORDINANCE NO.6385
CITY OF SPRINGFIELD, OREGON
WHEREAS,on July 2, 2018,the Common Council of the City of Springfield enacted Ordinance No.
6385 entitled:
AN ORDINANCE TO EXTEND THE TERM OF ORDINANCE 6208 GRANTING
TO COMCAST OF OREGON II, INC. A FRANCHISE FOR THE OPERATION
OF A CABLE TELECOMMUNICATIONS SYSTEM, ADOPTING A
SEVERABILITY CLAUSE, DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE;
WHEREAS,Ordinance No. 6385 was approved and signed on July 2, 2018 by the Mayor of the City of
Springfield and attested by the City Recorder;
WHEREAS,Ordinance No. 6385 extends the term of the franchise granted under Ordinance 6208 up
to and including January 1, 2019; and
WHEREAS,all other terms and conditions of the franchise granted by Ordinance 6208 remain the
same and in full force and effect;
NOW,THEREFORE, Comcast of Oregon II, Inc. hereby accepts unconditionally and agrees to be
bound by all the terms and conditions of Ordinance No. 6385, subject to applicable federal, state and
local law.
IN WITNESS THEREOF(( Comcast of Oregon II, Inc. has caused this acceptance to be duly executed
this f I day ofrSP17T . 2018.
7 C f Oregon II, Inc.
-a \BY: Rodrigo Rodrigo Lopez
Imo' Regional Vice President
Receipt of the original duly executed acceptance by Comcast of Oregon II, Inc. of all terms and
conditis o Ordinance No. 6385 of the City of Springfield, Oregon, is hereby acknowledged this l 1+h
day ofL' 2018.
L REVIEWED&APPROVED
A ",r9 FO
City .# . der O�
TE:/ vy.ff. IV
OFFICE OF CITY ATTORNEY
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