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HomeMy WebLinkAboutORD 04A (1995)ORDINANCE 04A (1995) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REVISING ORDINANCE 04 (1995), AS HERETOFORE ADOPTED, FOR THE PURPOSE OF EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE TO DECEMBER 31, 1996, TO FACILITATE CONTINUED NEGOTIATIONS WITH THE CABLE OPERATOR (i) 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. (ii) The cable television franchise granted to Jones Intercable, Incorporated under Ordinance No. 12,137, as amended, expired on May 23, 1995. (iii) On April 18, 1995, the City Council adopt Ordinance 04 (1995) extending the term of the cable television franchise, granted under the County of Los Angeles Master Cable Television Ordinance No. 12,137, as amended, for a period not -to -exceed six (6) months. (iv) The City has heretofore received correspondence from Jones Intercable dated October 19, 1995 formally requesting that the current franchise be extended for an additional period of time. (v) The current cable television franchise will expire on November 30, 1995. (vi) The City of Diamond Bar and Jones Intercable, the cable operator, desire to extend the term of the franchise to facilitate a thoughtful and coordinated approach to the current renewal negotiations. (vii) . 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 fatly 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 has found and determined that this Ordinance shall be enacted as an Urgency Ordinance, effective upon adoption pursuant to California Government Code Section 36937(b), on the basis of the facts set forth in the Recitals, Part A, of this Ordinance. Section 3. Based on the findings recited hereinabove and conditions set forth herein below, the City Council does hereby approve an extension of time to 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, through December 31, 1996, or until such time prior to that date as renewal negotiations have been completed, subject to the following conditions: (a) 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. (b) That on or before May 31, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall construct and/or extend the cable television system, in accordance with plans approved by the City Engineer, to the City Offices located at 21660 East Copley Drive, Diamond Bar. (c) That on or before June 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall prepare and submit to the City Manager for approval a plan showing, at a minimum, the appropriate measures and implementation schedule that will be undertaken by Jones Intercable to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. (d) That on or before July 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall take affirmative action to remuit, employ and assign a Grounding Technician and Maintenance Technician to perform the necessary services to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. Furthermore, Jones shall make every reasonable effort to maintain the stability and continuity of the staff assigned to perform the services required in Section 3(c) above. Section 4• It is hereby declared that violation of any condition hereof, or failure to provide the types of facilities, equipment, personnel or services promised shall be considered a material breach of the terms and conditions of the franchise agreement and the City reserves the right to suspend or revoke and terminate a franchise and all rights and privileges of a franchise as set forth in Section 16.60. 160 of the County Master Cable Television Ordinance, as heretofore adopted by the City. Section 5. 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 2 independent of the formal renewal piucedures contained in Section 626 of the Cable Communications Policy Act of 1984, 47 USC Paragraph 546, as amended. Section 6. 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 05 day of December, 1995. Mayor I, Tommye A. Nice, Deputy 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 05 day of December, 1995 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 05 day of December, 1995, by the following vote: AYES: COUNCIL MEMBERS: Harmony, Papen, Werner, MPT/Huff and M/Ansari NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: TbMM%T A. NSE, City Clerk City of Diamond Bar