HomeMy WebLinkAboutORD 1256 (2002)ORDINANCE NO. 1256
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 SEPTEMBER 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 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 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 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. 1256 is hereby extended for thirty
(30) days to expire on September 5, 2002.
SECTION2. 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 5th day of August, 2002.
City Clerk
J~FF~P?f' M: THOMAS
Mayor
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1256
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. 1256 had first reading by title only, introduction and adoption at the August 5, 2002
City Council meeting by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Thomas, Wodey, 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. 1256 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, Deputy City Clerk
DATE:8-7-02