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HomeMy WebLinkAboutOrd. 20604COUNCIL ORDINANCE NO. 20604 COUNCIL BILL 5197 AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS SYSTEM, AND PROVIDING AN EFFECTIVE DATE. ADOPTED: July 23, 2018 SIGNED: July 24, 2018 PASSED: 8:0 REJECTED: OPPOSED: ABSENT: EFFECTIVE: July 24, 2018 w ORDINANCE NO. 20604 AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS SYSTEM, AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. The Cities of Eugene and Springfield, 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), acting as the cable commission, as the representative of the local franchising authorities in administration of the franchise B. The City of Eugene enacted Ordinance No. 19775 on May 13, 1991, granting the franchise. C. The City of Eugene enacted Ordinance No. 20397 on October 22, 2007, amending and renewing the franchise through August 1, 2018. D. 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. E. The Cities of Eugene and Springfield, Lane County, and Comcast are currently engaged in good faith negotiations 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 August 1, 2018. F. 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 August 1, 2018 to January 1, 2019. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The franchise granted to Comcast in Ordinance No. 20397 shall be extended up to and through January 1, 2019. Section 2. The City of Eugene and Comcast agree that execution of this extension does not waive any rights that either party may have under the Cable Ordinance - 1 Communications Policy Act of 1984, as amended, 47 U.S.C. §§ 521 et seq., or other provision of federal, state, or local law. Section 3. Other than the duration of the franchise set forth herein, Ordinance No. 20397 shall continue in full force and effect. Section 4. Pursuant to the provisions of Section 32(2) of the Eugene Charter of 2002, with the affirmative vote of two-thirds of the members of the City Council, this Ordinance shall become effective immediately upon adoption by the Council and approval by the Mayor, or passage over the Mayor' s veto. An immediate effective date is necessary so that the cable franchise remains in effect while the Cities of Eugene and Springfield, Lane County, and Comcast complete the franchise negotiations. Passed by the City Council this 23rd day of July, 2018 e t -ti "I Citv Recorder Ordinance - 2 Approved by the Mayor this day of July, 2018 o/// ri.. I/ //te/ Mayor