HomeMy Public PortalAboutOrdinance 470 Comcast Franchise TOWN OF FRASER
ORDINANCE NO. 470
Series 2019
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER
COLORADO APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF
COLORADO IX, LLC, GRANTING TO COMCAST OF COLORADO IX, LLC THE NON-
EXCLUSIVE RIGHT TO MAKE REASONABLE USE OF TOWN STREETS, PUBLIC
UTILITY EASEMENTS AND OTHER TOWN PROPERTY TO PROVIDE CABLE
SERVICE TO THE TOWN AND ITS RESIDENTS; ALL IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT; SPECIFYING THAT
THE FRANCHISE SHALL BE EFFECTIVE UPON THE EFFECTIVE DATE OF THIS
ORDINANCE AND FOR A TERM OF TEN (10) YEARS THEREAFTER; SETTING A
FRANCHISE FEE OF 5% OF THE GROSS REVENUES OF COMCAST OF
COLORADO IX, LLC AS DEFINED IN SAID FRANCHISE AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT FOR
AND ON BEHALF OF THE TOWN AND THE TOWN CLERK TO ATTEST THERETO;
AND, SETTING FORTH OTHER DETAILS RELATED THERETO.
WHEREAS, Comcast of Colorado IX, LLC ("Comcast") is the current operator of
a cable television system in the Town of Fraser; and
WHEREAS, Comcast provides cable service pursuant to a non-exclusive
franchise granted to Comcast of Colorado V, LLC , predecessor of Comcast, by
Ordinance No. 275 of the Town of Fraser, adopted in 2003; and
WHEREAS, the Town has determined that Comcast has substantially complied
with the material terms of the current franchise under applicable law, and that the
financial, legal, and technical ability of Comcast is reasonably sufficient to provide
services, facilities, and equipment necessary to meet the future cable-related needs of
the community; and
WHEREAS, having afforded the public adequate notice and opportunity for
comment, the Town desires to enter into a renewal of the franchise with the Comcast for
the construction and operation of a cable system on the terms set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, OF THE STATE OF COLORADO THAT:
Section 1. Grant of Franchise. The Board of Trustees hereby grants a non-exclusive
franchise to Comcast to operate a cable system in the Town of Fraser, pursuant to and
subject to all terms, conditions and obligations contained in the Franchise Agreement in
the form and content presented to and reviewed by the Board, which Franchise
Agreement is incorporated herein by this reference. The Mayor and the Town Clerk are
authorized to execute and deliver said Franchise Agreement on behalf of the Town.
Section 2. Effective Date. This Ordinance and said Franchise Agreement shall take
effect thirty (30) days after passage, adoption and publication of this Ordinance as
provided by law, subject to said Franchise Agreement being fully executed by both the
Town and Comcast.
Section 3. Severability. All sections of this Ordinance and the Franchise Agreement
incorporated herein shall be severable, and if any section, portion or provision of this
Ordinance or the Franchise Agreement is declared or ruled illegal, invalid, or
unconstitutional by any court of competent jurisdiction or by any state or federal
regulatory authority having jurisdiction thereof, such determination shall have no effect
on the validity of any other section, portion, or provision of this Ordinance or the
Franchise Agreement shall remain in full force and effect. The Board of Trustees
hereby declares that it would have passed this Ordinance and approved the Franchise
Agreement and each part thereof irrespective of the fact that any one part be declared
unconstitutional illegal, or invalid.
Section 4. Repeal. 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 5. Publication. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 7th DAY OF AUGUST, 2019.
Votes in favor: lD BOARD OF TRUST ES OF THE
Votes opposed:—6— T79F F ASE' COLORA
Votes abstained:
BY: ��
Philip Vandernail, Mayor
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Antoinette McVeigh, Town C k
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CERTIFICATION
The undersigned, Antoinette McVeigh, Town Clerk of the Town of Fraser, hereby
certifies that the foregoing Ordinance was duly adopted by the Board of Trustees of the
Town of Fraser on , 2019, upon second reading. Prior to adoption, said
Ordinance was introd d and read for the first time at the Board meeting held on
3,l 3 , 2019, and was published not less than two weeks prior to such
secon&reading and passage as required by law.
Dated: AlLA )/ a1314 L The
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Antoinette McVei h, Town erk