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such necessity: Section 5870(n) of the California Public Utilities Code states that a PEG fee ordinance must be reauthorized upon expiration of an applicable state franchise. AT&T, Inc. operates within the City under a state franchise that expires on March 30, 2017. Although SLMC Section 5-7-115 provides for continuity in PEG funding, it is in the public interest to take every measure to ensure that there is no lapse in the collection and remission of PEG fees,which supports public, educational, and governmental channels, including channels that may provide critical emergency or other public safety-related information. Maintaining stable funding for PEG channels is therefore vital to the public peace,health,and safety of the City of San Leandro. Without the enactment of this Ordinance as provided herein, a lapse in the collection and remittance of the PEG fee could potentially occur, endangering the stability of PEG program funding within the City. Based on said findings, facts and circumstances, the City Council finds that this Ordinance should be adopted as an urgency ordinance for the immediate preservation of the public peace,health and safety, and that it is necessary that this Ordinance should go into effect as described below. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence,word or part thereof is held illegal, invalid,unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections,words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Publication and Effective Date. Following adoption by at least a four-fifths vote of the City Council,this Ordinance shall take effect and be enforced immediately upon the commencement of AT&T's new or renewed state franchise under the Digital Infrastructure and Video Competition Act of 2006. The City Clerk shall cause this ordinance to be published or posted in at least three (3)public places in the City in accordance with Section 36933 of the Government Code of the State of California. Introduced by Councilmember Ballew on this 20th day of March, 2017, and passed and adopted by the following called vote: Members of the Council: AYES: Councilmembers Ballew, Cox,Hernandez, Lee, Lopez, Thomas; Mayor Cutter (7) NOES: None (0) ABSENT: None (0) ATTEST: TamikaT7 eenwood, City Clerk ORDINANCE NO.2017-007 2