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Ordinance 2017-08ORDINANCE NO. 2017-08 AN EMERGENCY 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 AND DECLARING THE EMERGENCY THEREOF 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, WHERAS, due to the short timeframe of notice from Charter of their successful state- wide franchise renewal and the expiration of the current franchise, a regular ordinance would become effective after the expiration of the franchise certificate, preventing the collection of PEG fees until such time an ordinance reauthorizing the fee becomes effective, thereby necessitating an emergency ordinance to protect the stability of the PEG fee collection; 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: ORDINANCE NO. 2017-08 4839 -5514 -0181 v1 JM04706083 z 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: "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 franchises) 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 H This Ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby declared by the City Council to be necessary as an emergency measure and for the preservation of the public peace, health, safety and welfare of the City, and as such shall take effect immediately and be in full force and effect after its adoption after publication at least once in an official newspaper of the City for the following reasons: This Ordinance is necessary as an emergency Ordinance to: (1) avoid confusion and assure the public what PEG fees apply; and (2) maintain the existing PEG channel. In order to accomplish these goals, the Gilroy City Code Article III, Section 24.44(b), as amended, must be adopted by means of this emergency Ordinance. SECTION III 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 ORDINANCE NO. 2017-08 48395514-01810 JH104706083 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. vote: PASSED AND ADOPTED this 4th day of December, 2017, by the following roll call AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KLOECKER APPROVED rAz���� Rol d Yelasco, Mayor ORDINANCE NO. 2017-08 4839 -0514 -01810 M04706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Emergency Ordinance No. 2017 -08 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 4th day of December, 2017, 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 6th day of December, 2017. 3nawna rreets, iviivi%,, City Clerk of the City of Gilroy (Seal)