HomeMy WebLinkAboutORD 1259 (2002)ORDINANCE NO. 1259
AN URGENCY ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE
WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T
BROADBAND FOR TWO DAYS UNTIL OCTOBER 7, 2002.
WHEREAS, Media One of Los Angeles, Inc., dba AT&T Broadband ("Media
One") holds a non-exclusive cable television Franchise in the City of Tustin (the
"City") as successor-in-interest to Continental Cablevision, Inc., pursuant to
Ordinance No. 1002; and
WHEREAS, Media One's Franchise expired July 6, 2002 pursuant to Section 4
of Ordinance No. 1002; and
WHEREAS, the City granted an extension to Media One's Franchise on June
17, 2002 to expire on August 5, 2002 pursuant to Urgency Ordinance No. 1254; and
WHEREAS, the City granted an extension to Media One's Franchise on August
5, 2002 to expire on September 5, 2002 pursuant to Urgency Ordinance No. 1256;
and
WHEREAS, the City granted an extension to Media One's Franchise on
September 3, 2002 to expire on October 5, 2002 pursuant to Urgency Ordinance No.
1258; and
WHEREAS, the City has .completed a thorough review of Media One's
compliance with the Franchise, Municipal Code, State and Federal requirements and
concluded that certain deficiencies require corrective action; and
WHEREAS, the City has issued corrective notices to Media One and is awaiting
a satisfactory response; and
WHEREAS, Tustin City Code § 7415(c)(6) provides that the City Council shall
grant cable television Franchises by ordinance; and
WHEREAS, this urgency ordinance is necessary for the immediate protection of
the public health, welfare, and general safety in that the extension of Media One's
Franchise is necessary to: regulate Media One's access to the public rights-of-way
which may conflict with the public use thereof; insure correction of defective electrical
connections to residential, commercial and industrial buildings; continue to provide
local access channels for government and emergency information; regulate
subscriber service; and insure accurate and complete franchise payments.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. FRANCHISE EXTENSION. The cable television Franchise granted
to Media One of Los Angeles, Inc., dba AT&T Broadband pursuant to Ordinance No.
1002 and extended for 30 days by Urgency Ordinance No. 1258 is hereby extended
for two (2) days to expire on October 7, 2002.
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Ordinance No. 1259
Page 2
SECTION 2. URGENCY. This urgency ordinance is necessary for the
immediate protection of the public health, welfare, and general safety in that the
extension of Media One's Franchise is necessary to: regulate Media One's access
to the public rights-of-way which may conflict with the public use thereof; insure
correction of defective electrical connections to residential, commercial and industrial
buildings; continue to provide local access channels for government and emergency
information; regulate subscriber service; and insure accurate and complete franchise
payments.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted this ordinance and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsection, subdivision,
sentence, clause, phrase, or portions thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 16th day of September, 2002.
Pamela Stoker
City Clerk
J¢~'f~l. T~omas, 'l~ayor
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City of Tustin
ORDINANCE CERTIFICATION
STATE Of CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
ORDINANCE NO.' 1259
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1259
had first reading by title only, and was passed and adopted at the September 16, 2002
City Council regular meeting by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Thomas, Worley, Bone, Doyle, Kawashima
None
None
None
amela Stoker, City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN)
I, Beverley White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of
perjury, that l caused the posting of Ordinance No. 1259 in the public notice display case in front
of the Council Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin
Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522
Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street,
Tustin.
Beverley White, Chief Deputy City Clerk
DATE: