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HomeMy WebLinkAboutOrdinance 6455 11/21/2022 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6455 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, 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 City of Springfield enacted Ordinance 6385 on July 2, 2018, extending said franchise for an additional period through January 1, 2019, and Ordinance 6931 on December 3, 2018, extending said franchise for an additional period through June 30, 2020. Ordinance 6417 on May 4t", 2020, extending said franchise for an additional period through January 1, 2022, and Ordinance 6431 on November 1, 2021, extending said franchise for an additional period through January 1, 2023; 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, 2023; 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 January 1, 2023 to January 1, 2025, 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 Ordinances 6385, 6391, 6417 and 6431 shall be extended up to and through January 1, 2025. 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, Ordinances 6208, 6385, 6391, 6417, and 6431 shall continue in full force and effect. ADOPTED by the Common Council of the City of Springfield this 21st day of November , 2022 , by a vote of 5 for and 0 against. (1 absent-Woodrow) APPROVED by the Mayor of the City of Springfield this 21st day Of November , 022 z Mayor ATTEST: AS TOFFD LD&APPROVE L) TO FORM City Recorder OATE: 11/18/2022 SPRINGFIELD CITY ATTORNEY'S OFFICE Ordinance No. 6455