HomeMy WebLinkAboutORD 1261 (2002)ORDINANCE NO. 1261
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 UNTIL JANUARY
6, 2003.
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 granted an extension to Media One's Franchise on September
16, 2002 to expire on October 7, 2002 pursuant to Urgency Ordinance No. 1259; 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; 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.
Ordinance No. 1261
Page 2
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 2 days by Urgency Ordinance No. 1259 is hereby extended to expire on
January 6, 2003.
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 7th day of October, 2002.
Pamela Stoker
City Clerk
J~f'~. T/l~omas, Mayor
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1261
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 Urgency Ordinance
No. 1261 had first reading by title only and was adopted at the October 7, 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
Pamela 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 I caused the posting of Ordinance No. 1261 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