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File Number: 17-133 <br />NOW, THEREFORE, the City Council of the City of San Leandro does hereby ordain as <br />follows: <br />Section 1. PEG Fee Reauthorization. The City’s PEG channel facilities fee authorized in <br />Section 5-7-115 of the San Leandro Municipal Code is hereby reauthorized to the extent <br />required by Section 5870(n) of the California Public Utilities Code. All state franchisees <br />operating within the City shall continue to collect and remit the PEG channel facilities fee as <br />required in SLMC Section 5-7-115. <br />Section 2. No Change to Municipal Code. Section 5-7-115 of the San Leandro Municipal <br />Code shall remain unchanged and in full force and effect. <br />Section 3. Urgency Findings and Declaration. The City Council finds and declares that <br />this Ordinance must be adopted as an urgency matter because it is necessary for the <br />immediate preservation of the public peace, health, and safety. The following facts and <br />circumstances support such necessity: Section 5870(n) of the California Public Utilities Code <br />states that a PEG fee ordinance must be reauthorized upon expiration of an applicable state <br />franchise. AT&T, Inc. operates within the City under a state franchise that expires on March <br />30, 2017. Although SLMC Section 5-7-115 provides for continuity in PEG funding, it is in the <br />public interest to take every measure to ensure that there is no lapse in the collection and <br />remission of PEG fees, which supports public, educational, and governmental channels, <br />including channels that may provide critical emergency or other public safety-related <br />information. Maintaining stable funding for PEG channels is therefore vital to the public <br />peace, health, and safety of the City of San Leandro. Without the enactment of this <br />Ordinance as provided herein, a lapse in the collection and remittance of the PEG fee could <br />potentially occur, endangering the stability of PEG program funding within the City. <br />Based on said findings, facts and circumstances, the City Council finds that this Ordinance <br />should be adopted as an urgency ordinance for the immediate preservation of the public <br />peace, health and safety, and that it is necessary that this Ordinance should go into effect as <br />described below. <br />Section 4. Severability. The provisions of this Ordinance are severable and if any <br />provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or <br />inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or <br />inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, <br />sections, words or parts thereof of the ordinance or their applicability to other persons or <br />circumstances. <br />Section 5. Publication and Effective Date. Following adoption by at least a four-fifths <br />vote of the City Council, this Ordinance shall take effect and be enforced immediately upon <br />the commencement of AT&T’s new or renewed state franchise under the Digital Infrastructure <br />and Video Competition Act of 2006. The City Clerk shall cause this ordinance to be published <br />or posted in at least three (3) public places in the City in accordance with Section 36933 of the <br />Government Code of the State of California. <br />Page 2 City of San Leandro Printed on 3/13/2017 <br />187