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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2017-007 URGENCY ORDINANCE TO REAUTHORIZE THE CITY'S PUBLIC, EDUCATIONAL AND GOVERNMENT FEE AS PROVIDED IN SECTION 5-7-115 OF THE SAN LEANDRO MUNICIPAL CODE WHEREAS,the City Council previously adopted Section 5-7-115 of the San Leandro Municipal Code ("SLMC"),which imposes a public, educational,and governmental ("PEG") fee on state cable franchisees operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and WHEREAS, 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; and WHEREAS, SLMC Section 5-7-115(c)provides that,notwithstanding Section 5870(n) of the California Public Utilities Code, upon the expiration of any state franchise,the City's PEG fee is automatically reauthorized unless the franchise holder has given the City 60-days' written notice prior to the expiration of its state franchise that the City's fee authorization will expire; and WHEREAS,AT&T, Inc. operates within the City under a state franchise that expires on March 30, 2017; and WHEREAS,the City received no timely written notice from AT&T, Inc. of the expiration of its state franchise pursuant to SLMC Section 5-7-115(c); and WHEREAS, therefore,pursuant to the provisions of Section 5-7-115(c),the City's PEG fee is automatically reauthorized with regard to AT&T, Inc.; and WHEREAS, notwithstanding the automatic reauthorization of the City's PEG fee as described above, the City Council wishes to adopt an ordinance expressly declaring that the City's PEG fee is reauthorized. NOW,THEREFORE,the City Council of the City of San Leandro does hereby ordain as follows: Section 1. PEG Fee Reauthorization. The City's PEG channel facilities fee authorized in Section 5-7-115 of the San Leandro Municipal Code is hereby reauthorized to the extent required by Section 5870(n) of the California Public Utilities Code. All state franchisees operating within the City shall continue to collect and remit the PEG channel facilities fee as required in SLMC Section 5- 7-115. Section 2. No Change to Municipal Code. Section 5-7-115 of the San Leandro Municipal Code shall remain unchanged and in full force and effect. Section 3. Urgency Findings and Declaration. The City Council finds and declares that this Ordinance must be adopted as an urgency matter because it is necessary for the immediate preservation of the public peace,health, and safety. The following facts and circumstances support