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ORDINANCE NO. 23 <br />SERIES 2012 <br />AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH <br />COMCAST OF COLORADO VI, LLC FOR THE PROVISION OF CABLE <br />SERVICES IN THE TOWN OF VAIL <br />WHEREAS, the Town and TCI Cablevision (the predecessor of Comcast <br />Colorado VI, LLC) entered into a franchise agreement on January 5, 1995 to allow TCI <br />Cablevision to provide cable service to subscribers of such service in the Town of Vail, <br />which franchise agreement expired on January 4, 2010; <br />WHEREAS, on April 2, 2007 and again on December 20, 2010, the Town <br />received from Comcast Colorado VI, LLC ("Comcast") an application for renewal of its <br />franchise agreement with the Town; <br />WHEREAS, during negotiations of a new franchise agreement, the existing <br />franchise agreement was extended several times; <br />WHEREAS, during negotiations of a new franchise agreement, the Town <br />discovered perFormance and technical issues that necessitated resolution prior to the <br />approval of a new franchise agreement; <br />WHEREAS, in July 2011, the Town and Comcast entered into a Compliance <br />Agreement to resolve the performance and technical issues; <br />WHEREAS, by July 2012, the performance and technical issues were resolved <br />and the Compliance Agreement was fully performed; <br />WHEREAS, Article 12 of the Vail Town Charter authorizes the Town Council to <br />grant franchises for a term not to exceed finrenty (20) years; <br />WHEREAS, the procedures for renewal of franchise agreements for the provision <br />of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code; and <br />WHEREAS, the Town Council finds and determines that the franchise agreement <br />with Comcast for the provision of cable services in the Town, in the form attached <br />hereto and incorporated herein by this reference, complies with Article 12 of the Vail <br />Town Charter and Chapter 5 of Title 8 of the Vail Town Code, <br />NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE <br />TOWN OF VAIL, COLORADO, THAT: <br />Section 1. The Franchise Agreement befinreen the Town and Comcast is <br />hereby approved in substantially the form attached hereto, subject to final approval by <br />the Town Attorney, for a term of ten (10) years, commencing on January 1, 2013. <br />Ordinance No. 23, Series of 2012 <br />