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TC Ord. No. 2014-15 Approving a Franchise Agreement with ComcastTOWN OF AVON ORDINANCE 14 -15 SERIES of 2014 AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF COLORADO VI, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF AVON WHEREAS, the Town of Avon, Colorado, ( "Town ") and TCI Cablevision, the predecessor of Comcast Colorado VI, LLC ( "Comcast "), entered into a Franchise Agreement on January 1, 1996, to allow TCI Cablevision to provide cable service to subscribers of such service in the Town of Avon, which Franchise Agreement expired on December 31, 2010, and then continued on a month by month basis in accordance with the Federal Telecommunications Act of 1996; WHEREAS, negotiations for a new Franchise Agreement have been on- going; WHEREAS, during negotiations the performance and technical issues of the expired Franchise Agreement were met within the Town; WHEREAS, no outstanding areas of noncompliance have been identified within the Town; WHEREAS Section 17.6 of the Avon Town Charter authorizes the Town Council to grant a franchise by ordinance and to establish the term, fees, compensation, conditions and any other matters related to the granting of franchises; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to provide public comment on this Ordinance and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Franchise Agreement Approved. The Franchise Agreement between the Town and Comcast is hereby approved in the form attached hereto, for a term of eight (8) years, commencing on January 1, 2015. Ordinance 14 -15 Approving a Franchise Agreement with Comcast of Colorado Pagel of 3 Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute documents approved in this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, 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 Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature page follows] Ordinance 14 -15 Approving a Franchise Agreement with Comcast of Colorado Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING on September 23, 2014, and setting such public hearing for October 28, 2014, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. /JA Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. ATTEST: Lei& 14-0 Debbie Hoppe, T n Clerk APPR ED AS TO FO Eric J. Heil, To `n Attorney i INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on October 28, 2014. Rict Carroll, M yor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: -i'�& Debbie Hoppe, To,%6 Clerk Ordinance 14 -15 Approving a Franchise Agreement with Comcast of Colorado Page 3 of 3 APP ED AS TO F Eric J. H'i own Attorney