HomeMy WebLinkAboutOrd. No. 2006-1174
ORDINANCE NO. 1174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA GRANTING A NON-
EXCLUSIVE FRANCHISE TO PROVIDE CABLE SERVICE
TO VERIZON CALIFORNIA INC.
WHEREAS, t he City of Lake Elsinore is a "Franchising Authority" as
defined by Title VI of the Communications Act (see 47 D.S.C. ~ 522(10)) and is
authorized to grant one or more nonexclusive cable franchises pursuant to
California Government Code Section 53066 and Chapter 5.40 of the City of Lake
Elsinore Municipal Code; and
WHEREAS, Verizon California Inc. ("Franchisee") is in the process of
planning and installing a Fiber to the Premise Telecommunications Network
("FTTP Network") that will occupy the Public Rights-of-Way within the City of
Lake Elsinore for the transmission of non-cable services pursuant to its status as a
telecommunications carrier as set forth in Title II of the Communications Act and
under authority granted by the State of California; and
WHEREAS, the FTTP Network, once installed, will enable the provision of
cable service to the residents of Lake Elsinore; and
WHEREAS, negotiations between the Franchising Authority and the
Franchisee have resulted in a franchise agreement, which agreement comports with
the requirements of applicable law; and
WHEREAS, notice of public hearing before the City Council to consider
the proposed cable franchise agreement was properly published in The Press-
Enterprise on March 13, 2006 and March 20, 2006 in accordance with California
Government Code Sections 6066 and 53066.3(a); and
WHEREAS, the Franchising Authority has reviewed the legal, technical
and financial qualifications of the Franchisee to operate and provide cable service
within the City and Franchising Authority's staff has prepared a Staff Report and
attached Executive Summary and Analysis dated March 28, 2006 and April 11,
2006 (collectively, the "Staff Report") setting forth those qualifications, the future
cable-related needs and interest of the City of Lake Elsinore and its residents, and
examining each of the requirements and criteria set forth by federal, state and local
law with respect to granting an additional cable television franchise, as well as any
applicable provisions in existing franchises; and
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WHEREAS, after receiving the comments of interested parties at a public
hearing affording due process to all parties, in deliberation of the entire record
regarding this matter before it, including other pertinent information, and
specifically considering each of the requirements and criteria enumerated in
California Government Code Section 53066.3(a), 47 V.S.C. Section 541(a), and all
other applicable provisions of law, as well as any applicable provisions in existing
franchises, the Franchising Authority determines that is in the public interest to
approve the proposed cable television franchise agreement and authorize and direct
the execution of the proposed Franchise Agreement.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council concludes that the cable-related needs and
interests of the City of Lake Elsinore and the Franchisee's legal, technical, and
financial qualifications to operate and provide cable service within the City are
accurately identified by the attached Staff Report. The Staff Report, as well as the
supporting evidence presented at the public hearing on March 28, 2006 and April
11, 2006, is hereby adopted by the Franchising Authority in its entirety as its
ascertainment of the cable-related needs and interests of the City, the Franchisee's
qualifications to operate and provide cable service within the City, and the
Franchisee's qualifications to operate and provide cable service within the City.
The Staff Report and evidence also supports the Franchising Authority's
consideration of each of the requirements and criteria enumerated in Government
Code Section 53066.3(a), 47 V.S.C. Section 541(a), all other applicable provisions
of law, as well as any applicable provision in existing franchises.
SECTION 2. The Franchising Authority determines that it is in the public
interest to grant a nonexclusive franchise to operate and provide cable service to
Verizon California Inc. As evidence of its consideration of each of the factors
enumerated in Government Code Section 53066.3(a), 47 V.S.C. Section 541 (a)(3),
all other applicable provisions of law, as well as any applicable provisions in
existing franchises, the Franchising Authority hereby adopts the Staff Report
attached Findings of Fact in support of this determination.
SECTION 3. The Franchising Authority authorizes the grant of a
nonexclusive franchise to the Franchisee to operate and provide cable service
within the City. This authorization is made in accordance with the applicable
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provisions of California Government Code Section 53066.3 and Title VI of the
Communications Act. A copy of the Franchise Agreement in the form set forth
and presented at the public hearings on March 28, 2006 and April 11, 2006, is
directed to be retained in the office of the City Clerk for the purpose of public
inspection.
SECTION 4. That certain Franchise Agreement in the form set forth and
presented to the City Council at this public hearing is approved, and the Mayor is
authorized and directed to execute that agreement on behalf of the Franchising
Authority following its execution by the Franchisee.
SECTION 5. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 6. This Ordinance shall take effect thirty (30) days after the date
of its final passage. The City Clerk shall certify as to adoption of this Ordinance
and cause this Ordinance to be published and posted in the manner required by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 11th
day of April, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1174
PAGE 4 OF 4
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 25th day of April, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
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APPROVED AS TO FORM:
Barbara Zei eibold, City Attorney
City of Lake Elsinore