HomeMy WebLinkAbout2023 Ordinance No. 0431
ORDINANCE NO. 43 COUNCIL BILL NO. 42
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE APPROVING A NONEXCLUSIVE, REVOCABLE
CABLE FRANCHISE RENEWAL AGREEMENT BETWEEN COMCAST
OF COLORADO IX, LLC, AND THE CITY OF ENGLEWOOD,
COLORADO
WHEREAS, on May 10, 2002, the City Council of the City of Englewood approved the
grant of a non-exclusive Franchise Agreement to Mountain States Video, INC. [a Subsidiary of
AT&T Broadband] for its construction and operation of a cable television system within the City
by the passage of Ordinance No. 19, Series 2002;
WHEREAS, the Franchise Agreement was subsequently transferred to Comcast of
Colorado IX, LLC (“Comcast”);
WHEREAS, Comcast has preserved its right of renewal by timely filing a request with
the City to activate the formal process for renewing the Franchise pursuant to the provisions of
the Cable Communications Policy Act of 1984 (“Cable Act”); and
WHEREAS, Section 2.3 of the Franchise Agreement provides that the franchise granted
to the City expired on June 10, 2017; and
WHEREAS, City Council and Comcast agreed the existing Franchise Agreement would
be extended month-to-month, upon expiration of the existing Franchise Agreement, until a
renewal or extension of the Franchise Agreement could be negotiated as memorialized in
Ordinance 21, Series of 2019; and
WHEREAS, the City of Englewood and Comcast have negotiated for a significant period
of time regarding the terms of a new franchise agreement, which includes a lump sum cash
payment to the City of Englewood for streaming services; and
WHEREAS, the City of Englewood has determined that passage of this Ordinance to
adopt this franchise agreement will serve the public interest, providing the ability to obtain
sufficient and reliable cable television service.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Franchise Approved
City Council of the City of Englewood hereby authorizes the execution of a Franchise Agreement
between Comcast of Colorado IX, LLC and the City of Englewood, Colorado to provide cable
television services to the City of Englewood, which shall be in substantially the same form as that
attached hereto.
Section 2. General Provisions Applicable to this Ordinance
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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. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. 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.
E. 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.
F. 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, and has authority to correct formatting
and/or typographical errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
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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.
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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