HomeMy WebLinkAboutOrd. No. 1988-841NO. 841
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE RELATING
TO UNDERGROUNDING OF CABLE TV AND
PROVIDING CABLE TV SERVICES.
WHEREAS, the City of Lake Elsinore desires to minimize
the disruption to city streets once they have been dedicated to
public purposes; and
WHEREAS, the City of Lake Elsinore desires to require
that developers provide cable TV services at the same time as
property is initially developed; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing Recitals are true and correct;
2. That following a proper, noticed public hearing, at
which ..testimony .was taken and considered,•Section 16.46 of the
City of Lake Elsinore Municipal Code is hereby added as follows:
SECTION 16.46•
When the tentative map indicates that underground power
and/or communication utility systems are to be provided,
the subdivider shall determine whether the subdivision is
within the geographical area granted by the City of Lake
Elsinore to a franchisee for the placement of a cable
television system. In the event the subdivision is
within such a geographical area, the final map of any
such subdivision shall not be approved until the
subdivider submits evidence that is:
(a) has notified each such franchisee that the
subdivision is within its franchise area, that
underground utility trenches are to be open as
of an estimated date, and that the franchisee will
be allowed access to such trenches, including
trenches from proposed streets to individual homes
or home sites, on specified terms and conditions
which shall be no less favorable to franchisee than
to any other franchisee or utility;
(b) has received a written notification from each
franchisee that the franchisee intends to install
PAGE TWO - ORDINANCE NO. 841
its facilities during the open trench period on the
specified terms and conditions, or such other terms
and conditions as are mutually agreeable to
subdivider and franchisee, or has received no reply
from a franchisee within twenty-one days after its
__. notification to such franchisee, in which case the
franchisee will be deemed to have waived to
opportunity to install its facilities during the
open trench period. In the event that a final tract
map has already been approved prior to the date of
this ordinance for any subdivision within the
geographical area granted to a franchisee, the City
shall not approve any building permit or other
request for final approval relating to the
subdivision until the subdivider has complied with
the foregoing.
INTRODUCED AND APPROVED UPON FIRST READING this 23rd
day of August, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: fJONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
13th day of September, 1988 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOf~INGUEZ, STARKEY, WASf96URN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
i WINKLER,
TTEST:
VICKI LYNN K~'~SAD, CITY LERK
APPROVED AS 'I{O FORM & LEGALITY:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
on August 23, 1988, and had its second reading on September 13, 1988
and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ICKI LYNNE A , CITY CLERK
CITY OF LA ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vioki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 841, of said Council, and that the same
has not been amended or repealed.
DATED: September 14, 1988
VICKI LYNNE KASAD, CITY CLER
CITY OF LAK ELSINORE
__ .(SEAL)