Ordinance 2018-01ORDINANCE NO. 2018-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING SECTION 24.44 (b)(5) TO ARTICLE
III OF CHAPTER 24 OF THE GILROY CITY CODE
PERTAINING TO THE REAUTHORIZATION OF THE
PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS
CHANNEL SUPPORT
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act of 2006 ( "DIVCA "), authorized the City of
Gilroy to adopt an ordinance establishing a fee on state - franchised video and cable service
providers to support public, educational, and governmental access channel facilities ( "PEG ");
and,
WHEREAS, The City of Gilroy had previously established a PEG support fee from
Charter Communications ( "Charter ") to be used for supporting the PEG channel facilities; and,
WHEREAS, on December 7, 2009, Emergency Ordinance No. 2009 -06 and on January
11, 2010 Ordinance No. 2010 -01 were adopted implementing the provisions of DIVCA by
adding sections 24.38 through 24.45 to the Gilroy City Code, continuing the practice of charging
our franchisee a fee to support the PEG channel facilities; and,
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance
shall expire, and may be reauthorized, upon the expiration of the state franchise; and,
WHEREAS, the City of Gilroy desires to ensure that there is no gap in the payment of
PEG fees due to the future expiration of any existing or future video and cable franchise
certificate franchise(s) held by any state franchise holder operating within the City of Gilroy;
and,
WHEREAS, this Ordinance is exempt from environmental review pursuant to
Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality
Act of 1970, as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 24.44(b) of Chapter 24, of the Gilroy City Code entitled "Public, Educational,
and Government Access Channel Capacity, Support, Interconnection, and Signal Carriage" is
hereby amended by adding a new Section 24.44(b)(5), which shall read as follows:
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"Sec. 24.44 Public, Educational, and Government Access Channel
Capacity, Support, Interconnection, and Signal Carriage
(b) PEG Support.
(5) Reauthorization of State Franchise Holder PEG Fees
i. The fee on state franchise holders to support public, educational,
and governmental channel facilities in Gilroy City Code Sections
24.44(b)(1) through 24.44(b)(4) above is reauthorized and shall
remain unchanged and in full effect as to all state franchise holders.
ii. The PEG fee in Gilroy City Code Sections 24.44(b)(1) through
24.44(b)(4) shall automatically be reauthorized upon the expiration
of any existing or future franchise certificate(s) held by any state
franchise holder operating within the City of Gilroy.
iii. This chapter shall automatically be reauthorized upon the expiration
of any existing or future franchise certificate franchise(s) held by
any state franchise holder operating within the City of Gilroy. This
chapter shall so renew upon the future expiration of any franchise
certificate(s) until such time that the City Council takes formal
affirmative action to cease the renewals.
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (3 0) days from and after the date it is adopted.
PASSED AND ADOPTED this 8th day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ,
TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
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ABSENT: COUNCILMEMBERS: NONE
APPROVE
,V R'
Roland Velasco, Mayor
ATTEST:
Shama Frtels, City 'Ok
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -01 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 8th day of January, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 11 th day of January, 2018.
3nawna rrCC15, lvilvll.
City Clerk of the City of Gilroy
(Seal)