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SR-501-002 (8) e e yO/- 002- (P-II AU6 1 2 .. CA:RMM:cable812 city Council Meeting 8-12-86 Santa Monica, California STAFF REPORT TO: Mayor and City council FROM: City Attorney SUBJECT: Resolution Hearing on Forfeiture Television California Continuing and Re-setting a Public Whether or Not There Has Been a of the ci ty · s Communi ty Antenna Franchise with Theta Cable of and/or Group W Cable, Inc. On July 8, 1986, the city council adopted Resolution 7252 (CCS), setting a public hearing on whether or not there has been a forfeiture of the City's cable franchise with Theta and/or Group W for August 12, 1986. Due to a failure to provide proper notice of this public hearing, the public hearing should be continued to September 23, 1986. The accompanying resolution would re-schedule the public hearing for September 23, 1986. Section 5 of Ordinance No. 734 (CCS) requires that the city provide thirty (30) days' notice of any proposed termination and public hearing in the event that the franchise is terminated prior to its date of expiration. This requirement has not been met since the City Attorney did not cause the resolution to }:)e published until July 16, 1986, and notice mailed until July 28, 1986. setting a new public hearing date will ensure that proper notice is given. - 1 - ~-!I AUG 1 2 198i e e RECOMMENDATION It is respectfully recommended that the accompanying resolution be adopted. PREPARED BY: Robert M. Myers, city Attorney - 2 - e e Agenda Item # ~EFORE DISTRIBUTIO~ CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION It _7;7 7 F Yf ~ ~/J' (., f-H /1k; 7-0 FOR CITY C~ERK'S ACTION ORDINA,"'1CE # CouncIl MeetIng Date Introduced' Was It amended? Adopted: lilliJAYS PUBLISH AIX)p lEU ORDINA..N'CES * *Cross out Attorney's anproval VOTE: Affirmative: Negative" Abstain: Absent: PROOF VOTFc 'HTH ANOTHER PERSO:: BEFORE ANYTHIKG DISTKIBuTIO~: uRIGINAL ~o be signed, sealed and flIed In Vault -) ~EWSPAPER PUBLICATION (Date: ) Department origlnatl~G ~t)ff - ~p0_t [ * ) *CJ..ty Attorney does not wane ;:.:O}J:..€'3 of :-J.s ordinances or resolutions. ~1anage:pent Ser~,:i~e;:; LYY1ne Barrette tJrdlnances only ~ Agency mentioned in document or staff report (certified?) Supject file (agenda packet) 1 Counter fIle 1 Others ~ (Review for depart:Irents who need to know) . AIrport Parking Auth. Auditorum Personnel I J } - ) BUllding Dept. PlannIng ) ) ~ CUW(u..IIli ty and Econanic Dev 9 FInance Police (en- forcement?) PurchasIng . ) Flre Recr/Parks " General Servo .... IJ ~ LIbrary Transportatlon ... J J J ... ~ Treasurer Manager >- j..l r-l ..) SE~D FOU~ COPIES OF ALL ORDINANCES TO: CODpD SYSTEMS, Attn Petet- Macleari.e 170 '.fain [""'"tr~et AV01, y~w Jersey_07717 SEND FOUR COPIES OF AT.T: ORDTNAN('P'c:,-TO; D~brp. ~vrlck S/\.N'LJ.. MONICA ?lWKICIPAL COURT " 725 ~1AI;\J" STREET. Room 118 SA~TA MONICA, ci 90401 *Check COde Sectlons before sendJ.ng. -H o C':l ~ i-< () o ::.::: TOTAL COPIES ~~;5 ~ ~ e e CA:RMM:llm094a City Council Meeting 8-12-86 Santa Monica, California RESOLUTION NUMBER 7278 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON WHETHER OR NOT THE COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE WITH THETA CABLE OF CALIFORNIA AND/OR GROUP W CABLE, INC. HAS BEEN FORFEITED FOR NONCOMPLIANCE WITH ITS TERMS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The city Council of the City of Santa Monica does hereby order and declare that on the 23rd day of September, 1986, at 7:30 P.M., in the Council Chambers of the city Hall, it will hold a public hearing on whether or not the community antenna television franchise with Theta Cable of California and/or Group W Cable, Inc. has been forfeited for noncompliance with its terms. SECTION 2. The city Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published at least once within fifteen days of the passage thereof, in the official newspaper. - 1 - e e SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ 'h..... ~~ ROBERT M. MYERS City Attorney () - - 2 - e e Adopted and approved th~s 12th day of August, 1986. ~~ /t ~ / Mayor I hereby certify that the foregolng Resolution No. 7278(CCS) was duly adopted by the Clty Counc~l of the City of Santa Mon~ca at a meetlng thereof held on August 12, 1986 by the following Council vote: Ayes: Counc~lmembers: Conn, Epste~n, Jenn~ngs, A. Katz, H. Katz, Zane and Mayor Reed Noes: Counc~lmembers: None Absta~n: Councllmembers: None Absent: Counc~lmembers: None ATTEST: a C,' I'" ..... 1--1fk ~I t /)) -4/~~ ~--f C~ty Clerk .