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HomeMy WebLinkAboutORD 04 (1995)ORDINANCE 04 (1"5) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE, GRANTED UNDER THE COUNTY OF LOS ANGELES MASTER CABLE TELEVISION ORDINANCE NO. 12,137, AS AMENDED, AND HERETOFORE ADOPTED BY THE CITY, FOR A PERIOD NOT -TO -EXCEED SIX (6) MONTHS. A. Recitals (i) The Board of Supervisors of the County of Los Angeles has heretofore adopted Ordinance No. 12,137 entitled "An Ordinance Granting a Cable Television System Franchise to Western Cable Enterprise, Incorporated." (ii) On January 11, 1989, the Board of Supervisors of the County of Los Angeles, pursuant to Section 16.60.170 of the Los Angeles County Code, consented to the assignment of the franchise, granted under Ordinance No. 12,137, as amended, to Jones Intercable, Incorporated. (iii) The City of Diamond Bar has heretofore adopted, by reference, the Los Angeles County Code and other relevant noncodified County Ordinances, including Ordinance No. 12,137, as amended. (iv) The cable television franchise granted under Ordinance No. 12,137, as amended, expires on or about May 23, 1995. (v) The City of Diamond Bar and Jones Intercable, the cable operator, desire to extend the term of the franchise for the purpose of completing renewal negotiations. (vi) Section 16.60.270 of the County Master Cable Television Ordinance, heretofore adopted by the City, states that the board may grant by ordinance an extension of the franchise term for a period of up to fifteen (15) years, subject to the franchisee's agreement to comply fully with the franchise and all amendments or other modifications to the franchise as may be agreed upon by the parties. NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. The City Council finds and determines in all respects as set forth in Recitals, Part A herein. Section 2. The City Council hereby approves an extension of the cable television system franchise, granted under Ordinance No. 12,137 of the County of Los Angeles and heretofore adopted by the City of Diamond Bar, until November 30, 1995, or until such time prior to that -- date as renewal negotiations have been completed. Section 3. During the extension of the franchise term, the City and Jones Intercable agree to the same terms and conditions as set forth in Ordinance No. 12,137, as amended. Section 4. The City and Jones Intercable shall agree to work diligently and in good faith in order to negotiate a renewal of the cable television franchise that is acceptable to both parties independent of the formal renewal procedures contained in Section 626 of the Cable Communications Policy Act of 1984, 47 USC Paragraph 546, as amended. Section 5. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 18 tlday of Apr i 1 , 1995- 41 -4 -CIA- G 1 &K-� Mayor 2 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of ,April , 1995 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18 th day of Apr i 1 , 1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Harmony, Miller, Mayor Pro Tem Werner, Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: a LYNtA BURGESS•, ty-Clerk City of Diamond Sar •. 3