HomeMy WebLinkAboutORD 1254 (2002)
ORDINANCE NO. 1254
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 THIRTY DAYS UNTIL AUGUST 5, 2002.
WHEREAS, Media One of Los Angeles, Inc., d.b.a. 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 expires July 6, 2002 pursuant to Section 4 of
Ordinance No. 1002; and
WHEREAS, the City has completed a thorough review of Media One's compliance with
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
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., d.b.a. AT&T Broadband pursuant to Ordinance No. 1002 is
hereby extended for thirty (30) days to expire on August 5, 2002.
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,
153326/1
Ordinance No. 1254
Page 2 of 2
subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or
unconstitutional.
PAMELA STOKER
City Clerk
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 17th day of June, 2002.
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1254
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1254 was passed and
adopted at a regular meeting of the City Council held on the 17th day of June, 2002 by the
following vote:
COUNCILPERSONS AYES: Thomas, Worley, Bone, Doyle, Kawash±ma
COUNCILPERSONS NOES: None
COUNClLPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
153326/1
19
21 City Clerk
22
'23
24
25
26
27
28
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. 1254 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:6-19-02