HomeMy WebLinkAboutORD 01(2018)ORDINANCE NO. 01 (2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR RE -AUTHORIZING A PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS
FEE BY ADDING SECTION 13.12.1325 TO THE DIAMOND
BAR MUNICIPAL CODE.
WHEREAS, the City has adopted a fee equal to one percent (1%) of the
gross revenues of a state video franchise holder to support the City's public,
educational, and governmental ("PEG") channel facilities (hereafter, the "PEG
Ordinance"); and
WHEREAS, Charter Communication's existing state franchise was renewed -
on January 2, 2018; and
WHEREAS, Charter Communications believes that State law requires the
City to re -authorize its PEG Ordinance by February 28, 2018, in order for it to
continue to collect the PEG fee; and
WHEREAS, State law authorizing collection of the PEG fee is not clear as to
whether the City must re -authorize the PEG Ordinance as contended by Charter
Communications; and
WHEREAS, The City Council desires to re -authorize and codify the authorization
and requirement to collect PEG fees to resolve any ambiguities.
NOW THEREFORE, the City Council of the City of Diamond Bar does
hereby ordain as follows:
Section 1. Section 13.12.1325 is added to the Diamond Bar Municipal Code to
read as follows:
"Section 13.12.1325. - Fee for Support of PEG Access Facilities and
Activities,
(a) A fee paid to the City is hereby established for the support of public,
educational, and governmental (PEG) access facilities and activities within
the City, which fee shall be paid by any new City -franchised cable
operator and by state video franchise holders operating within the City.
Unless a higher percentage is authorized by applicable state or federal
law, this PEG fee shall be one percent (1%) of a franchisee's gross
revenues derived from the provision of video services within the City. The
term gross revenues shall be defined as set forth in California Public
Utilities Code Section 5860.
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(b) The PEG fee established by this section shall be remitted quarterly to the
City's Finance Director and must be received not later than ninety (90)
days after the end of the preceding calendar quarter. The fee payment
shall be accompanied by a summary that describes all sources of the
gross revenues upon which the fee is based, which summary must be
verified by a responsible financial officer or employee of the video service
provider."
Section 2. The PEG fee established by this Ordinance shall be deemed
operative commencing on January 1, 2018.
Section 3. Severability. If any section, clause, phrase, word 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 other section, clause, phrase, word or portion
thereof, . irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid
or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same, or the summary thereof, to be published and
posted within fifteen (15) days after this Ordinance is passed and adopted in the Office
of the_ City Clerk and two additional places, together with the vote for and against the
same.
4- � -�
Ruth M. Low, Mayor
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I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
I
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 20th day of February, 2018, and was duly passed, approved and
adopted at a regular meeting of the City Council of the City of Diamond Bar held on
the 6th day March, 2018, by the following vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Law
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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Tommye 03ribbins, City Clerk
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