HomeMy WebLinkAbout2023 Ordinance No. 0401
ORDINANCE NO. 40 COUNCIL BILL NO. 04
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF ENGLEWOOD
MUNICIPAL CODE REGARDING CABLE TV CUSTOMER STANDARDS
WHEREAS, Englewood Municipal Code Title 12 Chapter 6, adopted in 2004, provides
policies, definitions, customer service requirements, and complaint procedures for cable TV
services within the City; and
WHEREAS, the provision of cable TV has evolved from that in 2004, with the expansion
of computer and internet-based services; and
WHEREAS, because of the evolving platforms and needs of both citizens and the City,
modern cable TV franchise agreements include customer service standards within the contract
itself, rather than within municipal code; and
WHEREAS, the City of Englewood currently only has one cable TV franchise, and
customer service standards meeting the current needs of customers and the City will be included
within the newly negotiated cable TV franchise agreement, for approval by City Council in a
separate ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Repeal of Englewood Municipal Code Title 12, Section 6
Title 12, Chapter 6 of Englewood Municipal Code, Cable TV Customer Service Standards, js
hereby repealed in full, including all the following sections:
Title 12, Chapter 6, Section 1: Policy
Title 12, Chapter 6, Section 2: Definitions
Title 12, Chapter 6, Section 3: Customer Service
Title 12, Chapter 6, Section 4: Complaint Procedure
Title 12, Chapter 6, Section 5: Miscellaneous
Title 12, Chapter 6, Section 6: Credits to Consumers
Section 2. Procedure for Existing Cable TV Customer Service Agreements
To the extent this amendment to Englewood Municipal Code repeals customer service standards
applicable to any current franchise agreement within this City, the franchisee will continue to
comply with the customer service standards contained within Englewood Municipal Code’s
repealed herein until a new franchise agreement is executed that contains customer service
standards specific to that franchisee.
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Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. 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.
C. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
D. Publication. Publication of this Ordinance may be in the City’s official newspaper,
the City’s official website, or both. Publication shall be effective upon the first publication by
either authorized method.
E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance, including correction of any typographical
errors discovered during codification.
F. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal Code
or applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced and passed on first reading on the 21st day of August, 2023; and on second reading,
in identical form to the first reading, on the 11th day of September, 2023.
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Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on
first and second reading on the dates indicated above; and published two days after each passage
on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become
effective thirty (30) days after first publication on the City’s official website.
Stephanie Carlile
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