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HomeMy WebLinkAboutOrdinance 6391 12/03/2018 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6391 (SPECIAL) AN ORDINANCE TO EXTEND THE TERM OF ORDINANCE 6385 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS SYSTEM AND ADOPTING A SEVERABILITY CLAUSE 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 Committee (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 City of Springfield enacted Ordinance 6385 on July 2, 2018, extending said franchise for an additional period through January 1, 2019; 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 January 1, 2019; WHEREAS, the Metropolitan Policy Committee met on October 4, 2018 and recommended that the current franchise be extended for an additional eighteen months to allow more time for the parties to negotiate a renewed franchise; 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 franchise from January 1, 2019 through June 30, 2020, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The franchise granted to Comcast in Ordinance 6208 and extended by Ordinance 6385 shall be extended up to and through June 30, 2020. 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 and Ordinance 6385 shall continue in full force and effect. ADOPTED by the Common Council of the City of Springfield this 3 day of December___, 221$ by a vote of 6 for and 0 against. Page 1 of 2 APPROVED by the Mayor of the City of Springfield this 3 day of December , 2018 Mayor ATTEST: REVIEWED&APPROVED AS TO , s:,4; 4 City rder DATE: mow OFFICE 0 CITY ATTORNEY ACCEPTED this day of by Comcast of Oregon II, Inc. By Its Page 2 of 2 ORDINANCE NO. 6391