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HomeMy WebLinkAboutOrdinance 610 - Urgency Ord PEG FeesZ t 1 11 111 1W I he Digital Infrastructure and Video Competition Act of 2006,, authorized the City of Morro Bay (the 'City") to adopt an ordinance establishing a fee on stateIIIIIIIIrfranchised video service providers to support ?EG access channel facilities; and way Municipal Code (N4BMC) section 5.30.010. "Fee for Support of Local Cable Usage," to establish ;uch a fee; and .3.kxpire,, and may be reauthorized, upon the expiration of a state f anchise; ) and coming ommunications,, which tranchise includes the City,, will expire on ITTarcti 311 2.11r, I in aciclition otne ;tateIIIIIIIIissued Video Franchise Certificate Franchises within the City's jurisdiction will expire in #renewal w w .incodified urgency Ordinance is intended to establish an evergreen renewal of MBMC section 50306010 until such time that the C ity Council takes action to cease such reauthorizations or Ordinance becomes effective,, which sooner; and ALTA afety; and ION 2: The City Council hereby reauthorizes the fee on state4ranchised vide inchanged and in full effect as to all stateIIIIIIIIIfranchised video service providers. ®1IQI.QOQl/3553®1.2 (LTrgeim) en-r,t cNrir7� P'P ]PPps I?-5 I ! a ?EG fee in Ordinance No. 5 82 (MBMC section 5.3 0. 0 10) shall automatically be reauthorized upon the .aapiration of any existing or future Video Franchise Certificate Franchise(s) held by any state� Franchised video service provider operating within the City. Ordinance No. 5 82 (MBMC section 5.30.010) shall so renew upon the future expiration of Video Franchise Certificate Franchise(s), unless he sooner wfollowin`(i) Ordinance No. 611 becomes . w effective i i. a ar .kes formal affirmative action to cease the renewals !. aken at any time and without notice,, except as required by the Ralph M. Brown Act, California jovernment Code section 54950 et seq. nd re P eal this Ordinance,, which action may be ity L nvironmental Qual Act under CEQA Guidelines section 1506 1 (b)(3) because it can be seen with is no po *ficant effect on the environment. .,ertainty that there * ssibility the amendment may have a signi ity Council of the City of Fillmore #'Code Sections 36934 and 36937 and shall be in 1 1 upon its adoption by a four�fifths (4/5) vote of the C*ty Council as if .ull force and effect mmed*ately ind to the same extent such ordinance had been adopted pursuant to each of the individual sections set Lorth hereinabove. This Urgency Ordinance shall take effect immediatel0upon adoption and shall mmediate preservation of the public peace,, health,, or safety, as those terms are defined in Government Zode Section 36937(b) in at least the following respects: The City only recently received not'ce of the .3.kxpiration of the state�issued franchise held by the City's cable provider, and hence the need fo s .' Zouncil adopt the above stated Ordinance re�authon*zation before March 30 2017. In the absence o, egislation effective by that date, Ordinance No. 582 (MBMC section 5.30.010) with its provision i i i i in i PEG (including # emergency f " I public safety broadcasts) willo a... effect kccordingly, this Ordinance shall take effect immediately upon adoption. clause 3uch decision shall not affect the validity of the remaining portions of this ordinance. The C ity Zouncil hereby declares that it would have passed this ordinance,, and each and every section,, ;ubsection,, sentence,, and phrase thereof not declared invalid or unconstitutional without regard o whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Ipm PASSED AND ADOPTED this 14M day of March, 2017. AYES: Irons, Davis, ricauulng,, Makowetski, McPherson NOES: None AB SENT : None L. IRaNS, Mayar ATTEST: A SWANS4N, City Clerk Ci ttarney 41181.Q001/355301.2 �LTrgenCy) Reauthorizing PEG Fees 17-875