HomeMy WebLinkAboutORD 04B (1995)ORDINANCE 04 B (1995)
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE WITH JONES INTERCABLE,
INC. FOR A PERIOD OF NOT -TO- EXCEED SIX (6) MONTHS, TO FACILITATE CONTINUED
NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THE FRANCHISE.
RECITALS
A. The City of Diamond Bar has previously heretofore adopted by reference the Los Angeles
County Code and other relevant noncodified County Ordinances, including Ordinance No.
12,137, as amended.
B. The cable television franchise originally granted to Jones Intercable, Inc. under Ordinance No.
12,137, as amended, expired on May 23, 1995.
C. On December 5, 1995, the City Council adopted Ordinance No. 04A (1995) extending the
term of the cable television franchise for a period not -to -exceed six (6) months .
D. The current cable television franchise will expire on December 31, 1996.
E. The City of Diamond Bar and Jones Intercable, the cable operator, desire to extend
the term of the franchise to facilitate the current renewal negotiations.
F. Section 16.60.270 of the County Master Cable Television Ordinance, previously adopted by
the City, states that the board may, by ordinance, grant an extension of the franchise team, 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 hereby authorizes an extension of the cable television franchise,
granted under Ordinance No. 12,137 of the County of Los Angeles and heretofore adopted by the City of
Diamond Bar, until May 31, 1997, or until such time prior to that date as renewal negotiations have been
completed. -
Section 2. During the extension of the franchise term, Jones Intercable, Inc. must comply with
the same terms and conditions -of the Cable Television Franchise as set forth in Ordinance No. 12,137, as
amended.
Section 3. The City Manager is directed to work diligently and in good faith with Jones
Intercable representatives 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 contained in Section 626 of the Cable
Communications Policy Act of 1984.
Section 4. The City Council finds and determines that the immediate effectiveness of this
_ ordinance extending the term of the cable television franchise is necessary and desirable in order to eliminate
potential uncertainty as to the rights and obligations of the existing cable operator to provide cable television
service to subscribers within the City. The City Council further fords and determines that immediate
implementation of this ordinance will eliminate potential confusion and uncertainty on the part of subscribers
to the cable television service, ensure the continued payment of franchise fees by the cable operator to the City, _
and facilitate continuing administrative oversight by City staff pending the conclusion of ongoing renewal
negotiations. For the reasons set forth above, this ordinance is an urgency ordinance necessary for the
immediate preservation of the public peace, health, and safety within the meaning of Section 36937(b) of the
Government Code. Therefore, this ordinance will take effect immediately.
Section 5. The City Clerk is directed to certify to the adoption of this ordinance and to cause it to
be published as required by law.
ADOPTED AND APPROVED this 3 rdday of December , 1996.
I, Tommye 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 = day of
December ,1996 and was finally passed at a regular meeting of the City Council of the City of Diamond
Bar held on thud day of December , 1996, by the following vote:
AYES: COUNCELMEMBERS:Ansari, Harmony, Werner, MPT/Herrer
M/Huff
NOES: COUNCEL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
TOMMYE CE, Dep�ity Clete
City of Diamond Bar