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Ord. 2595 - Repeal ordinance 2558 COUNCIL BILL NO. 3168 ORDINANCE NO. 2595 AN ORDINANCE REPEALING ORDINANCE 2558 (AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO DATAVISION COMMUNICATIONS, LLC) EFFECTIVE ON MARCH 1, 2022 WHEREAS, on June 25, 2018, the City Council adopted Ordinance 2558, an ordinance granting a cable television franchise to DataVision Communications, LLC and declaring an emergency; and WHEREAS, Ordinance 2558 authorized DataVision Communications, LLC to provide cable television services to the public, utilizing existing and future telecommunications facilities for a period of five years; and WHEREAS, DataVision Communications, LLC has provided cable television services to its customers since the adoption of Ordinance 2558; and WHEREAS, On December 2, 2021, DataVision Communications, LLC provided written notice to the City that it would cease providing cable television services to its customers on December 31, 2021; and WHEREAS, the City and DataVision Communications, LLC agree that it is in the interest of both parties to mutually terminate their franchise agreement and DataVision has filed with the City written acceptance of the termination provisions outlined by this Ordinance; and WHEREAS, the City Council finds that there is no longer a need for Ordinance 2558; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. DataVision has advised the City that it will cease providing cable services in the City after December 31, 2021 . Section 2. All facilities currently located within the City which are owned by DataVision Cable division, will be transferred to DataVision Telecom. DataVision Telecom will be responsible for all facilities and abide by all city codes and ordinances with regards to the facilities. Page - 1 - Council Bill No. 3168 Ordinance No. 2595 Section 3. All outstanding Public, Education and Government (PEG) and franchise fees owed by DataVision Communications, LLC, along with their accompanying statements, shall be paid to the City by March 1, 2022. Section 4. Ordinance 2558 is repealed, effective March 1, 2022. Approved as to form: City Attorney Date Approved:_ Eric Swenson, Mayor Passed by the Council -Ln uow/14 D Z Submitted to the Mayor s 2 �~ Z,7- Approved by the Mayor Un'�L 7 Filed in the Office of the Recorder JCLII oaW 13 'ze'°Iz' ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3168 Ordinance No. 2595