HomeMy WebLinkAboutORD 1272 (2003)ORDINANCE NO. 1272
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION
FRANCHISE WITH COMCAST OF LOS ANGELES, INC. UNTIL JUNE
16, 2003
WHEREAS, Comcast of Los Angeles, Inc. formerly Media One of Los Angeles,
Inc., 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, Comcast's Franchise expired July 6, 2002 pursuant to Section 4 of
Ordinance No. 1002; and
WHEREAS, the City granted an extension to Comcast'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 Comcast'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 Comcast'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 Comcast's Franchise on
September 16, 2002 to expire on October 7, 2002 pursuant to Urgency Ordinance
No. 1259; and
WHEREAS, the City granted an extension to Comcast's Franchise on October
7, 2002 to, expire on January 6, 2003 pursuant to Urgency Ordinance No. 1261; and
WHEREAS, the City granted an extension to Comcast's Franchise on January
2, 2003 to expire on April 6, 2003 pursuant to Urgency Ordinance No. 1265; and
WHEREAS, the City has completed a thorough review of Comcast's
compliance with the Franchise, Municipal Code, State and Federal requirementS and
has concluded that certain franchise performance deficiencies have been resolved;
and
WHEREAS, the City is conducting franchise renewal negotiations with Comcast
of Los Angeles, inc., but the parties require additional time to finalize a franchise
renewal agreement for adoption by the City Council in the form of an ordinance; 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 Comcast's
Franchise is necessary to: regulate Comcast's access to the public rights-of-way
which may conflict with the public use thereof; 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 Comcast of Los Angeles, Inc., formerly Media One of Los Angeles, inc. dba AT&T
Broadband pursuant to Ordinance No. 1002 and extended until April 6, 2003 by
Urgency Ordinance No. 1265 is hereby extended to expire on June 16, 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 Comcast's Franchise is necessary to: regulate Comcast's access to the
public rights-of-way which may conflict with the public use thereof; 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 April, 2003.
Pamela Stoker
City Clerk
~ra~~Worley, Mayo~r
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
URGENCY ORDINANCE NO. 1272
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 Urgency Ordinance
No. 1272 was adopted at a regular meeting of the City Council held on the 7th day of
April, 2003, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
NONE
PAMELA STOKER, CITY CLERK