Loading...
HomeMy WebLinkAbout6475 RESOLUTION NO. 6475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING PROCESSING CHARGES FOR CERTAIN CABLE / OVS FRANCHISE PURPOSES WHEREAS, on July 19,2005, the City Council ("City Council") of the City of Arcadia, California ("City") adopted Ordinance No. 2206 authorizing the City to enter into cable franchise and similar agreements for the use of the City's rights of way for the provision of telecommunication services ("Franchise Ordinance"); and WHEREAS, pursuant to the Franchise Ordinance, the City is authorized to establish and impose certain processing charges in order to defray the costs incurred by the City in implementing the Franchise Ordinance; and WHEREAS, pursuant to Government Code Section 66014, the City may not charge processing charges in excess of the estimated reasonable cost of providing the service for which the charge is imposed; and WHEREAS, prior to the adoption of this Resolution, notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in accordance with law; and WHEREAS, in accordance with Government Code Section 66018, prior to adopting this Resolution, the City held a public hearing, at which oral or written presentations could be made, as part of a regularly scheduled City Council meeting; and WHEREAS, the City Council finds that the most effective manner in which to ensure that the processing fees imposed pursuant to the Franchise Ordinance do not exceed the estimated reasonable cost of providing the service for which they are imposed is to adopt a deposit system by which the City's actual costs incurred in processing the applicable services are charged against funds deposited by the applicant with the City. NOW THEREFORE, CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Ordinance No. 2206, the City hereby adopts the following deposit schedule for the following applications: New Franchise/OVS Agreement: $30,000 Amendment/Renewal of Existing Franchise/OVS Agreement: $15,000 Transfer of Franchise/OVS Agreement $15,000 Administrative Hearing: $1,000 The applicant for one or more of the foregoing approvals or matters, shall deposit with the City at the time of application the applicable deposit in order for the application to be deemed complete, SECTION 2. If the City's actual costs in processing, reviewing and taking action upon the application are less than the amount of the deposit set forth in Section 1 of this Resolution, any remaining funds from the deposit shall be refunded to the applicant within sixty (60) days after final approval, conditional approval or denial of the application. In the event that the deposit is less than the City's actual costs, the applicant shall pay such additional costs to the City within thirty (30) days after written notice from the City that such additional payment is required. If payment of such amount is not made within such time, the City shall cease all further proceedings in connection with the application and any approval or conditional approval shall be deemed to be of no further force or effect. SECTION 3. This Resolution shall be effective upon adoption. SECTION 4. The City Clerk shall certify to the adoption cifthis Resolution. Passed, approved and adopted this 19th day of July ,2005. ATTEST: "':.-.... - , , .-- .....~; - ......... ,- - V:{~ Ci Clerk~~fthe CitY-0f Arcadia :.... 7" ' -. -:: ,. ~: ~.-;. -'" :, ...... '- APPROVED AS "f0 FORM: . --- -- ~p,~ City Attorney of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6475 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of July, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ~l~ ity Clerk of}he City of Arcadia , .